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Terms of Use

Effective Date:  [January 1, 2026]

          These Terms of Use (these “Terms”) form an agreement between you and EVE360° and our affiliates (“EVE360°”, “we” or “us”).  These terms govern the use of this website, any other EVE360° website, mobile application, online portal, electronic form, survey and any other channel that we manage or operate (collectively, the “Services”).  These Terms do not in any way alter the terms of any other agreement that you have with us.

          We reserve the right to change these Terms at any time upon appropriate notice to you.  These terms are binding as of the effective date indicated.  By continuing to use the Website following any changes to these Terms, you agree to the updated Terms.  You may not use the Services if you do not agree to these Terms.

          In addition to these Terms, we also have a Privacy Policy.[1]  We suggest that you read it in order to help you understand our privacy practices and the rights you have with respect to your personal data.

1.Your Eligibility to Access the Services

          The Services are only available to users who can form legally binding contracts with us.  By using the Services, you represent that:

  • You are at least thirteen (13) years old, and over the minimum age required in the state or country of your residence or citizenship to use the Services;

  • You can form a legally binding contract with us, or if you are over 13 years old but under the age of majority in the state or country of your residence or citizenship to use the Services, that your parent or legal guardian has reviewed and accepted these Terms; and

  • You have not been permanently suspended, or your access to the Services has not otherwise been revoked, from the Services.

 

          If you are using the Services on behalf of an entity, you further represent that you are authorized to accept these Terms on that entity’s behalf.  References to “you” and “your” in these Terms refer both to the individual using the Services and to any such entity.

2.Additional Terms Applicable to the Services

          Certain additional terms (the “Additional Terms”) may apply to particular features or portions of the Services (the “Additional Services”).  These Additional Terms supplement, and are incorporated into, these Terms unless otherwise specified.  You must agree to all applicable Additional Terms before using the applicable Additional Services; if you do not, you may not use the Additional Services.  In the event of a conflict with these Terms, the Additional Terms govern solely with respect to the Additional Services.

3.Your Use of the Services

          As between you and EVE360°, all materials contained on the Services (collectively, the “Content”) are the sole and exclusive property of EVE360°.  Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your own personal and noncommercial purposes.

 

          You may download or copy the Content and other downloadable items displayed on the Services for personal use only; provided that you maintain all copyright and other notices contained therein.  Other than as expressly permitted in this Section, you may not download, store, reproduce, sell, print, distribute, transmit, broadcast, modify, perform, display, transfer, upload, create derivative works of or otherwise exploit the Services or Content.

          Further, with respect to the Services, the Content and any User Contributions (as defined herein) you may not, nor may you attempt to:

  • Delete, alter or remove any copyright, trademark or proprietary rights notices;

  • Disable, bypass, modify, defeat or otherwise circumvent any digital rights management, authentication or security system;

  • Disrupt or interfere with the functionality of the Services, Content, User Contributions or any EVE360° networks or systems;

  • Infringe, misappropriate or otherwise violate the intellectual property or privacy rights of EVE360° or of any third party;

  • Use the Services, the Content or any User Contribution in any manner or for any purpose that is illegal or prohibited by these Terms; or

  • Upload any User Contribution or any data that (i) contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data, (ii) is harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable or (iii) that you are not authorized to provide.

          You may not use any web scraping, web harvesting or web data extraction methods (collectively, “Web Scraping”) to extract the Services, the Content or any User Contribution.  Any Web Scraping may result in immediate suspension or termination of your access to the Services, the Content or your Account.

4.Intellectual Property

          The Services and the Content are owned exclusively by EVE360°, its licensors or other providers of such material and are protected by United States and intellectual property and proprietary rights laws.  No ownership interest is transferred to you by virtue of making the Content available on the Services, granting you a license to use the Services, or your entering into these Terms.

          In addition, all trademarks, service marks, logos, trade names and any other proprietary designations of EVE360° are trademarks of EVE360°, and you may not use them without our express written consent.  All other trademarks not owned by EVE360° are the property of their respective owners.

5.User Contributions

          You may provide materials (collectively, “User Contributions”) to public areas of the Services or directly to other users of the Services or to third parties that integrate with or link to the Services.  You are solely responsible for your User Contributions and transmit such User Contributions at your own risk.  We assume no liability for them, or for any third-party policies that may apply to your User Contributions in the event you elect to share your User Contributions with any third party.

          By submitting a User Contribution, you:

  • Grant us a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell and sell copies of such User Contribution (and derivative works thereof) in any form or medium (whether now known or later developed), without credit or compensation to you, for any purpose;

  • To the extent applicable, unconditionally and irrevocably waive (or, to the extent that a waiver is not permissible under applicable law, undertake not to assert) all moral rights in such User Contribution to which you may now or at any future time be entitled under applicable law;

  • Acknowledge and agree that we assume no liability for such User Contribution;

  • Acknowledge and agree that we may keep such User Contribution indefinitely, and disclose it for any purpose; and

  • Represent and warrant that (1) you have all right, power and authority necessary to grant rights to such User Contribution and (2) such User Contribution does not infringe, misappropriate or violate the intellectual property rights of EVE360° or any third party, or otherwise violate these Terms or applicable law.

 

          You may provide us, or one of our partners, ideas, suggestions, remarks, data or other feedback regarding the Services, Content or any of our other products or offerings (collectively, “Feedback”).

 

          By submitting Feedback, you:

  • Acknowledge and agree that we (1) are under no confidentiality or fiduciary obligation with respect to such Feedback and (2) may keep such Feedback indefinitely, and use, reproduce, distribute, disclose and otherwise exploit it for any purpose;

  • Acknowledge and agree that you are not entitled to any compensation with respect to such Feedback; and

  • Represent and warrant that such Feedback does not infringe, misappropriate or violate the intellectual property rights of EVE360° or any third Party, or otherwise violate these Terms or applicable law.

 

7.User Accounts

          Access to and use of some of the Services may require you to register for a user account (“Account”).  If you register for an Account, you will create an Account username and password (“Credentials”).  We may reject, or require that you change, any Credentials or other information that you provide to us when registering for an Account.

          Your Credentials are for your personal use only and should be kept confidential; you, and not EVE360°, are responsible for any use or misuse of your Credentials (whether it occurs with or without your knowledge), and you must promptly notify us at [privacy@eve360.org][2] of any confidentiality breach or unauthorized use of your Credentials or your Account.

           You must provide us with accurate, complete and current information during Account registration and at all other times and update all information provided to us so that it remains accurate.

          We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.

 

8.Products

The Services may include listings of, and descriptions and images of, goods, listings, descriptions and images of goods, services, memberships and events (collectively, “Products”), as well as references and links to Products.  The existence of such listing, description or image does not constitute our endorsement of the Products.  We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein).

 

The availability of any Product, including the validity of any coupon or discount related thereto, is subject to change at any time and without notice.  It is your responsibility to abide by all applicable local, state, federal and foreign laws regarding the possession, use and sale of any Product.

9.Transactions

The Services may include the ability to purchase certain Products or to make donations (each, a “Transaction”).  You may be asked to supply certain relevant data, including certain financial information and shipping information, in connection with a Transaction.

 

By submitting such information to us, you

  • Acknowledge and agree that you will only use the Products in a lawful manner;

  • Acknowledge and agree that you will pay all charges that you incur or that are incurred on your behalf, at the time of such Transaction, including applicable taxes and shipping and handling charges;

  • Grant us the right to provide such information to third parties in order to facilitate such Transaction; and

  • Represent and warrant that you have the right to use any credit card submitted in connection with such transaction.

 

If applicable, we will ship Products to the address you designate; provided that such address is complete and complies with applicable shipping restrictions and these Terms. Please note that all Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.

We reserve the right, with or without prior notice, to bar any user from making any Transaction and to refuse to provide any user with any Product.  Refunds and exchanges are subject to our refund and exchange policies.

 

10.Copyright Infringement  — DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law.

 

If you are a copyright owner and you believe, in good faith, that any Content or our Services infringe a copyright that you own, you or your agent may send us a notice requesting that we remove the material or otherwise block access to it.

 

This notice must include: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.  To submit such a notice, please contact us at: Eve@EVE360.org

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

You may also have similar rights under other local laws.  Any concerns under such local laws should also be addressed to us at [●].

 

11.Linked Sites

Certain websites or services may be linked to, or accessible from, the Services  (collectively, “Linked Sites”).  You access these Linked Sites at your own risk.  We are not responsible for the Linked Sites or for any of the content contained on, or any transmission received from, the Linked Sites.  Our reference to the Linked Sites does not constitute our endorsement of them, or of any association between us and the Linked Sites.  Your interaction with any Linked Site will be governed by the terms of use of that Linked Site.  We encourage you to read such terms of use.

12.Disclaimer of Warranties

ALL DISCLAIMERS OF ANY KIND, BOTH IN THIS SECTION AND ELSEWHERE IN THESE TERMS, ARE MADE ON BEHALF OF EVE360° AND ITS AFFILIATES AND THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, VOLUNTEERS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “EVE360° ENTITIES”).

THE SERVICES, CONTENT, USER CONTRIBUTIONS[, PRODUCTS] AND ALL LINKED SITES ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVE360° HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, CONTENT, USER CONTRIBUTIONS, PRODUCTS AND ALL LINKED SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

13.Limitation of Liability; Exclusive Remedies

IN NO EVENT WILL EVE360° OR EVE360° ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF USER CONTENT (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY USER CONTENT) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES, CONTENT, PRODUCTS, USER CONTRIBUTIONS OR THESE TERMS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12 OR THIS SECTION 13, THE MAXIMUM AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES AND LOSSES ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES, CONTENT, PRODUCTS, USER CONTRIBUTIONS OR THESE TERMS WILL BE, AT OUR SOLE OPTION, (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE SERVICES, CONTENT OR USER CONTRIBUTIONS CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED AND THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE (WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT (X) YOU ACTUALLY PAID US FOR THE ITEM OR SERVICE CAUSING THE DAMAGE (IF ANY) AND (Y) OF SAID DAMAGES SO INCURRED).  THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, USER CONTRIBUTIONS OR THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF ANY MONETARY DAMAGES.
 

Applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages.  Nothing in these Terms will be interpreted as excluding liability that cannot be excluded under applicable law.  Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

14.Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES, CONTENT, PRODUCTS, USER CONTRIBUTIONS OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15.Notice to California Residents

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

16.Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless EVE360° and the EVE360° Entities from and against all claims, suits, proceedings, losses, liabilities and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise (“Claims”) arising out of, based on, resulting from or in any way related to (a) your use of the Services, Content and Products, including all User Contributions and Feedback and any activities occurring under your Account, (b) any violation or alleged violation of these Terms and (c) of any violation or alleged violation of any other party’s rights or applicable law.  You agree to cooperate fully in the defense of any of the foregoing.  We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent.

17.Governing Law; Dispute Resolution

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York without regard to its principles of conflicts of law, regardless of your location.  You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in New York County, New York.

18.Monitoring and Enforcement; Termination

We have the right, but not the obligation, to monitor the Services and to modify and remove any Content or User Contribution at any time.

We may deny or suspend access or terminate your use of the Services in our sole and absolute discretion at any time and without prior notice.  Upon any such denial, suspension or termination, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your Account, Credentials and all associated materials, without any obligation to provide any further access to such materials.  We may also suspend or terminate the Sites and terminate these Terms, in our sole and absolute discretion at any time and without prior notice and take any and all actions we deem appropriate with respect to the Services and Content.  Sections 4–21 will survive any such denial, suspension or termination of the Services or of any suspension or termination of the Services.

19.Special Admonitions for International Use

Please note that we are headquartered, and the Services and the Content are hosted, in the United States, and the Services are intended for use only to individuals and entities in jurisdictions where their use is permitted by law or regulation.  If you choose to access or use the Services outside of the United States, you are responsible for compliance with applicable law.  We may limit availability of the Services at any time, in whole or in part, to any person or jurisdiction that we choose.

Please be aware that if you are accessing or using the Services outside the United States, your acknowledge and agree that information may be transferred to, stored and processed in the United States (or any other location where our servers may be located).  You further acknowledge and agree that you will not access or use the Services (i) if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States or (ii) in violation of United States export laws and regulations.

20.Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and EVE360°.  These Terms, any Additional Terms and the Privacy Policy (including any applicable supplements thereto) constitutes the entire agreement between you and EVE360° in connection with the Services and the Content.  These Terms supersede all prior or contemporaneous representations, understandings, agreements or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.  If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  Section titles are for convenience only and have no legal or contractual significance.  All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified.  Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”  You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms.  We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.  No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

21.Notice

We may provide all notices, including pursuant to legal process, by any lawful method.  You agree to provide us with current, accurate contact information and to check for notices posted via the Services.

Other than any notices described in Section 10 (which must be provided as described in Section 10), and any privacy-related inquiries (which must be provided as described in the “How can you contact us with comments, questions or concerns?” section of the Privacy Policy) all notices to us must be sent to the following address:

EVE360

Attn: Webmaster

EVE@EVE360.org

 

[1] Note:  The text “Privacy Policy” should link to the Privacy Policy page.

[2] Note:  As discussed, we recommend you set up this email address for privacy-related inquiries.

 

 

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