Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services, products, websites, and applications (collectively, the “Services”) provided by EveryDay Success Team LLC (“EDST”, “we”, “us”, or “our”). By accessing or using our Services, you agree to be bound by these Terms and all policies, guidelines, or conditions referenced herein, as well as any additional terms or conditions specific to a particular product, service, or application. If you do not agree with these Terms, please do not access or use our Services.
- Eligibility and Account Registration
To use our Services, you must be at least 18 years of age, possess the legal capacity to enter into a binding agreement, and not be barred from using our Services under applicable law. You may be required to create an account with EDST and provide certain information about yourself to access or use certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify EDST immediately of any unauthorized use of your account or any other breach of security.
Subject to these Terms, EDST grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or internal business purposes, as applicable. You agree not to use our Services for any other purpose, including, without limitation, any commercial purpose, without the prior written consent of EDST.
You agree not to use our Services in any manner that:
- violates any applicable law, regulation, or court order;
- infringes upon the rights of any third party, including, without limitation, copyright, trademark, trade secret, privacy, or other intellectual property rights;
- is abusive, harassing, defamatory, obscene, or otherwise offensive or objectionable;
- interferes with or disrupts the operation of our Services or the servers or networks connected to our Services;
- involves the unauthorized use, access, or distribution of any data, information, or content;
- involves the use of any automated system or software to extract data from our Services, including, without limitation, “bots”, “spiders”, or “scrapers”; or
- attempts to gain unauthorized access to, interfere with, damage, or disrupt any part of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services.
- Intellectual Property Rights
All intellectual property rights in our Services, including, without limitation, all software, text, graphics, logos, images, and other content, are owned by EDST or its licensors and are protected by applicable intellectual property laws. Except as expressly permitted by these Terms, you may not reproduce, modify, transmit, distribute, or otherwise use our Services, or any portion thereof, in any form or by any means.
You are solely responsible for any content that you create, transmit, or display while using our Services (“User Content”). By submitting User Content, you grant EDST a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with our Services and for the promotion of EDST’s business, products, and services. You represent and warrant that you have all necessary rights, licenses, and consents to submit and use the User Content in connection with our Services and that the User Content does not violate any third-party rights, including, without limitation, intellectual property rights, privacy rights, or rights of publicity.
- Third-Party Services and Links
Our Services may contain links to third-party websites, products, or services that are not owned or controlled by EDST. We do not endorse or assume responsibility for any such third-party sites, products, or services. If you access a third-party website or service from our Services, you do so at your own risk, and you understand that these Terms do not apply to your use of such third-party services.
We reserve the right to suspend or terminate your access to our Services, with or without notice, for any reason, including, without limitation, if we believe that you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason in our sole discretion.
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EDST does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of our Services is at your sole risk.
To the fullest extent permitted by applicable law, in no event will EDST, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our Services, any conduct or content of any third party on our Services, any content obtained from our Services, or unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless EDST, 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 or your use of our Services, including, but not limited to, your User Content, any use of our Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Services.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which EDST is located, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for any disputes arising out of or relating to these Terms or our Services.
EDST reserves the right to modify these Terms at any time in its sole discretion. If we make changes, we will notify you by revising the “Last Updated” date at the top of these Terms and, in some cases, we may provide additional notice, such as by sending an email notification or posting a notice on our Services. By continuing to access or use our Services after any changes to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our Services.
These Terms, together with any other agreements or terms referenced herein or incorporated by reference, constitute the entire agreement between you and EDST concerning your use of our Services and supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral, with respect to the subject matter hereof.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of EDST to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions or concerns about these Terms or our Services, please contact us at email@example.com.
Last Updated: April 28, 2023