Last updated: July 2, 2019 (“Effective Date”)
Welcome to the Evrnu website, wholly owned and operated by Evrnu Inc., a Washington social purpose corporation (“Evrnu,” “we,” “our,” or “us”) and located at https://www.Evrnu.com/ (the “Site”). The Site contains information about Evrnu’s business and innovative fiber technology (collectively with the Site referred to herein as the “Services”). Users of the Services are referred to herein as “you” or “your”. These Terms of Service (the “Terms”) govern your use of our Services.
Agreement to Terms
By using our Services you agree to be bound by these Terms. If you don’t want to agree to these Terms, your choice is to not use the Services.
Changes to Terms or Services
Evrnu may modify the Terms at any time, in its sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other forms of communication. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you should stop using the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are at least 13 years old and are not barred from using the Services under applicable law.
Use of the Services
You understand and agree that the Services, and any other information contained on the Site or provided by Evrnu are not intended or designed to be used for any purpose not explicitly stated by Evrnu. Not all of the Services are suitable for every person. You understand and agree that you are solely responsible for your use of the Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site.
Evrnu and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights therein. You acknowledge that certain Services and Content are protected by copyright, trademark, patent and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by Evrnu
Subject to your compliance with these Terms, Evrnu grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, Evrnu’s name, any Evrnu trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Evrnu’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Evrnu’s computer systems, or the technical delivery systems of Evrnu’s providers;
- Attempt to probe, scan, or test the vulnerability of any Evrnu system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Evrnu or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Evrnu or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Evrnu trademark, logo URL or product name without Evrnu’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to enforce these Terms or identify users who have violated applicable law.
Use of Information
Based on your use of the Site and the Services, certain Content, the Feedback, and other information may be collected, stored and used by Evrnu. Some aspects of your use may require you to submit information that is personal to you, such as your name and email address. This information will only be used by Evrnu for the provision of the Services to you. Providing personal information is always at your sole discretion, but avoidance of providing such information may mean that you cannot benefit from certain aspects of the Services. For information that you do provide, Evrnu shall take commercial reasonable precautions to avoid the unauthorized use and/or access of such information.
Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an e-mail message from us. We also work with third-party companies, including Google, that use tracking technologies to serve advertisements on our behalf across the internet. These companies may collect information about your visits to the Website and your interaction with our advertising and other communications. If you would like more information about this practice or to opt out of having your information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.
Some types of cookies were created by Google, including Google Analytics and sent automatically. You may opt out of some Google cookies, but Evrnu does not control those opt out procedures. For more information regarding Google cookies, please visit: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you have the right to receive: a) information identifying any third party companies to whom we may have disclosed, within the past year, personal information pertaining to you and your family for that company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. Please send us an email at [email protected] with the subject line “Request for California Privacy Information” at the above address to obtain such information.
This section applies to residents of the European Union.
Data Controller: the data controller of your personal information is Evrnu SPC; our contact details are located at the end of this document.
Legal Bases: we process your personal information using a number of legal bases: to perform our obligations under legal agreements we have with you; to comply with our legal obligations; in some cases, with your direct consent; and for our legitimate business interests. These interests are the proper administration of our business, maintaining the quality of our services, providing customer care, identifying new business opportunities and developing our business, and ensuring our business is operated in a safe and secure manner.
Additional rights: you have the following rights in relation to the personal data we hold about you.
1. Your right: The right to be informed about how your data will be processed.
What this means for you: We have to give everyone information about the way that we will use their data. For example, we have to tell you about the purposes for which we will use your data and who else might have access to it. We have set this information out in this policy.
What you can do: We will provide you with information about how we process your data. Most of this information is set out in this policy, and we may update it from time to time. We may also provide you with notice about how we process your data in other ways from time to time. For example, we may send a notice in an email to you or by using other means of communicating with you.
2. Your right: The right to access your personal data.
What this means for you: We will provide you with access to your personal data that is undergoing processing, together with some further information which you are entitled to receive, such as the purpose of the processing (i.e. why we process it), the categories of data being processed (i.e. what types of data is being processed, such as name, address etc.) and who else we may engage with to receive your personal data on our behalf.
What you can do: You can request that we provide you with access to the personal data that we process about you (i.e. a copy of it).
There may be valid reasons for refusing to comply with some access requests (or parts of an access request), for example in order to protect the rights of other individuals.
3. Your right: The right to prevent processing of your personal data in certain circumstances.
What this means for you: We will, in certain circumstances and to the extent required by law, restrict our processing of your personal data.
What you can do: You can request that we restrict the processing of your personal data if the data is inaccurate, if the processing is unlawful, if we no longer need the personal data, or if you exercise your right to object (see below). If you seek to exercise this right, we may need to work with you to understand the issues and to determine the extent to which we are required to restrict the processing of your data.
4. Your right: The right to rectify information.
What this means for you: We are required to take steps to ensure the accuracy of the personal data that we process.
What you can do: If you become aware that the personal data that we hold about you is incorrect, or if your situation changes (for example you change address) please let us know and we will update our records.
5. Your right: The right to data portability.
What this means for you: In some circumstances, we will be required to provide certain data to another organization at your request in a format that allows that other organization to read and use it.
What you can do: You have the right to request the transfer of your personal data to another organization (i.e. another data controller) in a structured, commonly used machine-readable format, so that the other organization can, at your request, read and use it. This allows your personal data to be easily transferred from one IT environment to another in a safe and secure way.
6. Your right: The right to erasure of your data (also known as the "right to be forgotten").
What this means for you: In certain circumstances and where we are required to do so by law, we must ensure that personal data is deleted at your request. This right is not "absolute", and it is likely that there will be scenarios where we are entitled to continue to retain and process your data, even if you have asked us to erase your data.
What you can do: If you make this request, we will need to balance certain legal, contractual and business interests against your right to request the deletion of the relevant data.
7. Your right: The right to object to certain processing of your data.
What this means for you: If you object to our processing of your personal data, we will consider certain legal, contractual and business interests and obligations and balance these against your right to object to the processing.
What you can do: You may object to the processing of your personal data in certain circumstances.
You can also object to our use of your personal data for direct marketing purposes.
8. Your right: The right not to be subject to a decision based solely on "automated processing", (i.e. the right not to be subject to a decision made about you automatically by a computer or algorithm without human intervention).
We are required to keep records of the automated processing that we carry out and in certain circumstances, to give people the right to object to being subject to decisions made in this way as well as providing information about the way that the decisions are made.
You may object if a decision is made wholly by a computer or algorithm without human input. You will also be given information about this type of processing.
If you want to exercise any of these rights, you should make a request to [email protected].
You also have the right to complain about our use of your personal data. You can contact the UK’s Information Commissioner's Office via their website: https://ico.org.uk/concerns/ or by calling +44 (0)303 123 1113.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Evrnu and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither Evrnu, nor any other party involved in creating, producing, or delivering the Services, or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Evrnu has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Evrnu’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services, or Content exceed the amounts you have paid to Evrnu for use of the Services or Content or fifty dollars ($50), if you have not had any payment obligations to Evrnu, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Evrnu and you.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Evrnu and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
These Terms constitute the entire and exclusive understanding and agreement between Evrnu and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Evrnu and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Evrnu’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void, and of no effect. Evrnu may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Evrnu under these Terms, including those regarding modifications to these Terms, will be given: (i) by Evrnu via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Evrnu’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Evrnu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Evrnu at [email protected]