Terms and Conditions

EVRYMAN WEBSITE TERMS OF USE

Welcome to Evryman, Inc’s website: evryman.com (the “Website”). What follows are the terms of use for our site and everything on it. These terms (the “Terms of Use”) are a legal agreement between you and Evryman Inc. (“Evryman”, “us”, “we”, “our”).

  1. Agreement to Terms of Use.

Please read these Terms of Use carefully. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and you agree to be bound by them.  If you do not agree to these Terms of Use, you are not authorized to use this Website.

Evryman reserves the right to change these Terms of Use at any time.  You are responsible for checking these Terms of Use periodically for changes.  Your continued use of the Website after Evryman has made changes will mean that you agree to the changes.

  1. Privacy Policy.

In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. When you agree to these Terms of Use, you also agree to our Privacy Policy. It is important that you read the Privacy Policy and only use the Website if you understand and agree to be bound by our Privacy Policy.

  1. Sorry Kids.

This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.

  1. Site Features.

(a) General Information. Our Website is primarily meant to provide you with information about Evryman retreats, Evryman groups and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.

(b) Your Profile. 
In order to use some features of the Website, you must create an account. When creating your account, you must provide accurate and complete information and are solely responsible for the activity that occurs on your account. You must keep your account password secure. You must notify Evryman immediately if you believe there has been unauthorized use of your account. When you create an account you must not use a false or misleading name or a name that you are not authorized to use. Impersonating another person on the website is prohibited.  Our Website may also include: surveys to help us learn about you or your interest in Evryman, hosting a group, or being part of a news story about our company; and an email list sign-up. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials have the right to permit us to use them for any purpose.

(c) Retreat Registration. Signing-up to participate in a retreat requires creation of an account and registration through a third party website.  The information you provide to us and any third-party website to register for an Evryman retreat will be shared with us, but the third-party website may have its own terms of use and privacy policy. We are not responsible for your third-party website account or any information you provide to the third-party website to create an account. You must contact the third-party website for any issues with your account. Please review our Privacy Policy for more on how we use registration information received from you.

(d) Evryman Groups. The Website also provides links to independently run men’s groups.  While Evryman provides support for and approves such groups to be featured on the Website, all Evryman groups are independently run and are not owned or controlled by us.  As such Evryman is not responsible for the activities of any individual group. Any individual group may have their own terms of use and/or privacy policies which should be consulted.  Evryman organizes the available groups by region but makes no representations as to the appropriateness or fit of the group for any individual. In addition, no Evryman group has the right to represent Evryman commercially or otherwise to any third-parties without the prior written consent of Evryman.  

(e) Coaching Registration. The Website also provides connection to vetted personal coaching.  While Evryman approves any coaches featured on the Website, all Evryman coaches are independent coaches and not run owned or controlled by us.  As such, any coaching arrangement is to be made directly between a coach and the individual and Evryman assumes no responsibility for the coaching services provided or any disputes that may arise from a coaching relationship. In addition, no Evryman coach has the right to represent Evryman commercially or otherwise to any third-parties without the prior written consent of Evryman.  

(d) Other Third Party Sites. Our Website may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, products, services, policies, or practices of any third-party website(s).  By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s).

  1. Ownership.

(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material (collectively, the “Evryman Material”) on our Website is owned by Evryman. You may not copy, modify, publish, distribute, perform, or display any materials from our Website in whole or part in a manner inconsistent with the United States Copyright Act, including, without limitation, any “fair use” provisions (17 U.S.C § 107).  Use of our Evryman Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights.

(b) Yours. You retain ownership rights in anything you submit to us through our Website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation,  other violation of your civil rights, or defamation.

  1.  DMCA Notice

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act [see 17 U.S.C § 512(c)(3)] by providing our Copyright Agent at info@evryman.com with the following information in writing:

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  1. Restrictions on Use.

We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not:

  • use the materials on the Website for any commercial purpose;
  • use the Website or its content for any illegal purpose;
  • attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
  • modify or attempt to modify or in any way tamper with Website;
  • use the Website or any of any of its content in a way that may infringe upon the intellectual property other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
  • interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
  1.  Medical Treatment.

The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, counseling, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship.  Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.

Any user is solely responsible for their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from any interaction with the website including the retreats, groups and any coaching relationships. As such, you agree that Evryman is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any interaction with the website or participation in retreats, groups and coaching relationships.  You understand Evryman retreats, groups and coaching are not therapy and doe not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

  1. Termination.

We reserve the right to suspend or terminate your access to the Website at anytime if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy.

  1. Indemnification.

If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.

  1. Disclaimers.

You acknowledge and agree that the disclaimers and limits on liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND.  WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.

YOU ACKNOWLEDGE THAT ANY INFORMATION OR SERVICES OFFERED ON THE WEBSITE ARE NOT THERAPY AND ARE NOT TO BE USED AS A SUBSTITUTE FOR COUNSELING, PSYCHOTHERAPY, PSYCHOANALYSIS, MENTAL HEALTH CARE, GROUP THERAPY, SUBSTANCE ABUSE TREATMENT, OR OTHER PROFESSIONAL ADVICE BY LEGAL, MEDICAL, OR OTHER QUALIFIED PROFESSIONALS.

 

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; AND/OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.

  1. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE AND/OR OUR PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) THE WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE. IN ANY CASE, OUR AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

  1. Miscellaneous.

These Terms of Use and our Privacy Policy make up the entire agreement between you and us regarding the Website, and supersedes any prior agreements.  Any amendment to or waiver of any provision of these Terms of Use and/or Privacy Policy must be made in writing and signed by us. If any part of these Terms of Use and/or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or Privacy Policy, such failure will not be considered a waiver. Neither these Terms of Use nor our Privacy Policy confer onto any third party any beneficiary right(s) which are are fully transferable and assignable solely by us, our transferees and assigns. Any terms of these Terms of Use and/or Privacy Policy that were, by their nature, intended to survive termination of these Terms of Use and/or Privacy Policy will survive. These Terms of Use and our Privacy Policy shall be interpreted in accordance with the laws of New York without application to any choice of law rules. The exclusive jurisdiction and venue for any action under these Terms of Use and/or Privacy Policy shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts. In connection with the Evryman retreats, in the event of any conflict between these these Terms of Use and/or Privacy Policy  and the terms and conditions contained in Evryman Waiver, the terms of the Waiver will prevail.

Last updated: October 29, 2018