We don’t like legalese either. But instead of total anarchy we decided to have a Terms of Service to protect you and us. Since this is a legal agreement between you and Platphorm, LLC doing business as Everclear and hereinafter referred to as the "Everclear", we suggest you take a few minutes to read what you are agreeing to.
If Everclear accepts your Sign-up Form, you will become a "Member" having additional access to the Sites and related services only under the policies, terms and conditions below. To make it easier, we will refer to the Everclear.com website, Everclear mobile apps, email subscriptions, chats (any text interaction you send from your Member account to another Member), video and phone services and any content therein provided by Everclear as the "Site." We will refer to any interaction or other products or services you may receive from other Members as "Advisor Services." Members who solicit or receive Advisor Services from other Members will be referred to as “Members.” Members who create profiles or provide Advisor Services will also be referred to as “Advisors.”
By directing your browser to the Site, as a Member or visitor, or otherwise accessing the pages of the Site, you accept and agree to these Terms of Service.
Everclear may modify these Terms of Service, or suspend or terminate your use of the Site, at any time without notice to you. If any modification to the Terms of Service is not acceptable to you, your only recourse is to cease using the Site and Advisor Services. This includes, but is not limited to, commission and connection fee changes. By continuing to use the Site or any Advisor Services following any posting of a new Terms of Service or policies on the Site, you accept and agree to be bound by the new Terms of Service or policies.
1. While everyone is important, not everyone can use Everclear. Your eligibility to use the Site is limited.
(a) You must be at least eighteen (18) years of age to use the Site or Advisor Services. By using the Site you agree that you are at least eighteen (18) years old, and otherwise have the right, authority and capacity to agree to these Terms and to abide by all of the terms of this Agreement. Everclear does not conduct criminal background check on or screening of its users but reserves the right to conduct any criminal background check or screening at any time.
(b) Using the Service may be prohibited or restricted in certain countries. If you use the Site outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site or Advisor Services. You shall not use the Site or become a Member if you are located or reside in a country (i) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (ii) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Myanmar (Burma), Cuba, Iran, North Korea, Sudan and Syria.In addition, Everclear does not allow organizations, businesses, or individuals on the Specially Designated Nationals list (SDN) to use the Site.
(c) Your membership is for your sole, personal use and you are solely responsible for all use made of the Site and Advisor Services under your Member account information and password. You agree to maintain the confidentiality of your password and Member account information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to pay for all Advisor Services purchased using your Member Account information and password.
(d) Everclear shall own all right, title and interest in Advisor Services and the Site. No copyrights, patent rights, trademarks or licenses are conferred herein by Everclear, either expressly or by implication. You understand and agree that (i) you will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to you (ii) that Everclear may change your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) you will have no right, title and interest to any Advisor name in connection with Everclear Services and (iv) that phone numbers, toll free numbers, extensions and Advisor names may be recycled by Everclear to other users of Everclear if you are not actively using them or your agreement has been terminated. Further, you hereby grant to Everclear, its distribution partners, affiliates and similar third party website/media providers of Everclear’s choice the right to use, copy, distribute, display or reference in any media from your profile information, including without limitation, your member name, descriptions, photos, phone numbers and extensions.
(e) Without limiting other remedies, Everclear may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, Everclear may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Everclear suspects that you have failed to comply with any provision of this Terms of Service or any policies or rules established by Everclear; (ii) if Everclear is unable to verify or authenticate any billing or payment information you provide to Everclear; or (iii) if Everclearsuspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Everclear or the Site.
(f) Everclear may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts with a positive balance. However if the Member uses the Member account to purchase Advisor Services, then for a period of twelve (12) months from the date of such use, Everclear may waive the Account Maintenance Fee for all active Member accounts.
(g) You may cancel your account at any time by emailing email@example.com with the subject "Cancel Account". Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Everclear.
2. Be honest and be nice! Your actions and your content are your responsibility.
(a) You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false. Further, Advisors agree to provide true, accurate and complete payment information and contact information and will promptly update your information when applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. Accounts may not be shared, sold or given to another person or entity.
(c) Everclear does not evaluate, provide, produce or control Advisor Services, information, or exchanges between Members, in any manner. Everclear does not verify, guarantee or make any representations regarding the identity or qualifications of any Member. In regards to Advisor Services, Everclear acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although Everclear helps its Members connect with each other, it does not monitor the information exchanged, and, as a result, Evercler does not control, nor is responsible for, the accuracy, safety, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Advisor profiles or made available through this Site. The Site is not intended for use as a payment service to exchange physical goods. Everclear is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services, in evaluating the qualifications of, and statements made by, Members in profiles or through the feedback system, and in disclosing personal information to other Members.
(d) Everclear is not a suicide hotline. If you are considering suicide, please call the National Suicide Prevention Lifeline at 1-800-273-8255. If you are aware of a Member considering suicide, please direct them to call the National Suicide Prevention Lifeline. If you give your personal information to a Member and later threaten suicide, we reserve the right to use that information and contact the appropriate authorities; however, no guarantee is made that someone will contact emergency personnel for you.
(e) By posting information, photographs, content or opinion on the Site, you automatically grant, represent and warrant that you have the right to grant to Everclear free of charge an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
(f) You are solely responsible for your interactions with Members and for the content and information that you post or otherwise make available on the Site and through Members Services, whether publicly posted or privately transmitted. You may not post or transmit content that can be considered offensive, harassing, or illegal content, or any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). Everclear reserves the right to determine, at its sole discretion, what constitutes offensive or harassing, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. Everclear may enlist the help of Members to flag content to help determine if a user’s conduct is harmful to the community.
(g) You are solely responsible for and will exercise caution, discretion, common sense and good judgment in using the Site and Advisor Services and in disclosing personal information to other Members. Everclear does not permit users to disclose contact information to other Members. Everclear considers contact information to be any information that would allow a person to reach you such as, but not limited to, phone number, email address, usernames for other services, or physical address. In addition, it is not permitted to provide other Members with information, such as links to third-party services, to circumvent or attempt to circumvent the Site's payment system. If you do, you do so at your own risk and risk the termination of your Everclear account. Everclear does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person. While Everclear reserves the right to review interactions between Members, Everclear assumes no responsibility for policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, Everclear urges you immediately to contact the police directly for help.
(h) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release Everclear (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
3. Don’t use someone else’s content. We prohibit the unauthorized use of copyrighted materials.
You shall not use the Site or Advisor Services to transmit, route, provide connections to our store any material that infringes copyrighted works, trademarks, publicity or privacy rights, or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Everclear has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent listed below with the following information required under 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Everclear to locate the material;
(d) Information reasonably sufficient to permit Everclear to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Everclear’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
182 Howard Street #518
San Francisco, CA 94105
Upon receipt of notice as described above, Everclear will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Member's account.
4. As an Advisor, you may earn money. If so, we need to pay you.
(a) By utilizing Advisor Services you may earn money that can be paid to you. The Member who initiates a transaction is solely responsible for payment of any and all fees for the transaction. Everclear shall not be obligated to pay any fees for which Everclear has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize Everclear to collect payments from Members on your behalf for any and all transactions that you conduct. Everclear will credit to your Member account the fees collected less Everclear’s commissions and connection charges set forth below, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by Everclear (the "Net Fees").
(b) As an Advisor, you are not an employee, agent or contractor of Everclear, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by Everclear.
(c) As an Advisor who provides Advisor Services you may charge a fee for interactions with other Members. Everclear may retain a connection charge for phone and video interactions and will retain a commission which will be a percentage of the price chosen by the Member. Everclear will distribute earnings to you from your Member account in US dollar denominations by either check, ACH direct deposits as designated by you in your Everclear account. Everclear reserves the right to change these commissions and connection fees.
(d) Everclear reserves the right to restrict payment to a Member for any reason and in its sole discretion. Further, Everclear reserves the right to withhold issuing payment for Advisor fees without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation. Everclear reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure the integrity of the funds.
5. Just like everyone else, we’re not perfect.
(a) You understand and acknowledge that the Site is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Everclear with feedback on the quality and usability of the Site. There is no warranty, support, maintenance, storage, SLA or indemnity obligations of any kind to you. You acknowledge and agree that the Site may contain bugs, errors, omissions, and other problems for which Everclear will not be responsible. You assume all risks and all costs associated with your use of the site.
(b) Everclear reserves the right to modify, suspend or stop the Site (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Everclear may provide notice of any such changes to the Site. You agree that Everclear shall not be liable to you or any third party for any modification or cessation of the Site. You acknowledge that Everclear has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, Everclear may at any time change the cost and the commissions for use of the Site.
(c) As part of using the Site, Everclear may provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Site. You agree that in the absence of a separate written agreement to the contrary, Everclear will be free to use any feedback you provide for any purpose.
6. We’ve got a few Notices and Disclaimers.
(a) The Site and any Advisor Services obtained through the Site are provided “AS IS” with no warranty or any kind. Everclear expressly disclaims all warranties, express or implied, regarding the Site, Advisor Services and all communications between Members made through the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, Everclear makes no representation or warranty that the operation of the Site will be error free.
(b) The use of the Site is for entertainment purposes only. To the extent permitted by applicable law, Everclear makes no warranty, representation of condition regarding the results that may be obtained from the use of the Site or the accuracy or reliability of any content or services obtained through the Site. No advice or information obtained by you from the Site shall create any warranty, representation or condition.
(c) The contents of this website and email subscriptions are protected by copyright and may not be copied or otherwise reproduced without Everclear’s written permission except as expressly set forth above. Users may not publish, or create derivative works from the contents of this website for any public or commercial purposes.
(d) Under no circumstances will Everclear be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Advisor Services, whether or not Everclear has been advices of the possibility of such damages. Without limiting the generality of the foregoing, Everclear and its suppliers’ aggregate liability to you arising with respect to this agreement will not exceed the greater of (a) the total fees actually earned by Everclear from you (after payments to Members and other third parties) in the previous twelve (12) month, and (b) one hundred dollars ($100). Everclear will not be liable for the consequences of any interruptions or errors.
(e) You further agree to hold harmless, defend and indemnify Everclear, and its employees, subsidiaries, agents and representatives, from and against any liability arising from or in any way related to your use of the Site or provision of Advisor Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed. In each case, Everclear will provide you with written notice of such claim, suit or action. Everclear shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
Any controversy or claim arising out of or relating to these Terms of Service, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Everclear, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
8. Some final words
If any provision of these Terms of Service is held to be invalid or unenforceable, the provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Everclear’s failure to act with respect to a breach by you or others does not waive Everclear’s right to act with respect to subsequent or similar breaches. The failure of Everclear to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms of Service.
Phew! You’re done! Thanks for taking the time to read our Terms of Service. If you have any questions drop us a note at firstname.lastname@example.org.