Everyday Explainer - Terms Of Service

Effective Date: 27/05/2021

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “your”, “user”) and everydayexplainer.com (“Company”, “us,” “we,” “our”), concerning your access to and use of its websites and related web pages (our “Website(s)”).

You agree that you have read, understood and consent to be bound by all the provisions of these Terms of Service by accessing, browsing, and/or using the Websites. You further accept and agree that you have the right, authority and capacity to enter into this legally binding agreement. If you disagree with any provision(s) contained herein, then you are expressly prohibited from accessing the Website(s) and must discontinue the use of the Website(s) immediately.

Our Privacy Policy which is included in these Terms of Service governs the management (collection, processing and protection) of all data. You, therefore, also agree to the terms and conditions of the Privacy Policy by agreeing with Terms of Service.

User Age Requirement

To access or use the Websites you must be 18 years of age or older. If you are under 18, you are not authorized to access or otherwise use the Website(s) and execute this agreement by agreeing to these Terms of Service.

Use of Website(s) and Grant of Limited License

Subject to continued adherence to the provisions of these Terms of Service, you are granted a limited, royalty-free, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use our Website(s) strictly for non-commercial personal use only. Further, the Website(s) may be used for legal purposes only.

Restrictions on Use of Website(s)

You agree not to access, use or otherwise interact with the Website(s) to do, attempt to do, cause any third party to do or attempt to do any of the following:

intrude or interrupt the Website(s) or servers/networks attributed to the Website(s);
violate any governing law, procedure or other applicable third-party guidelines;
determine or attempt to determine the source code, algorithms or techniques built into the Website(s) and/or use them;
use our Website(s) to store, transmit, upload, distribute, or otherwise make available any malicious files that may carry viruses, trojans, worms, logic bombs, or other malicious or harmful technologies or material;
add or remove any proprietary declarations appearing on or included in the original Website(s) content;
add links to the Website(s) without our written consent;
incorporate all or some of the Website(s) elements into another website or product;
infringe or violate third party rights such as intellectual property rights, privacy rights or any other proprietary rights;
try to sell, rent, transfer, license or resale the Website(s), or any component thereof;
deactivate or try to restrict Website(s) access by other users;
leverage our Website(s) commercially;
bypass the preventive or restrictive measures to access or use our Website(s);
create unauthorised copies, backups, modify, reverse engineer, adapt, translate, disassemble, decompile or create derivative works of our Website(s) or the content contained therein; and/or
create unauthorised copies, backups, modify, reverse engineer, adapt, translate, disassemble, decompile or create derivative works of our Website(s) or the content contained therein; and/or
violate the regulations of these Terms of Service and Privacy Policy;

Termination

Company holds the right to discontinue and/or restrict the use of the Website(s) at any time, with or without any prior notice for any or for no reason. You acknowledge that the Company shall not be responsible to you or any third-party for the dismissal of your access to the Website(s). The Company further reserves the right to terminate your access to, use of or any other interaction with the Website(s) in lieu of your breach of any and all provisions under these Terms of Service or any applicable laws, regulations and ordinances.

The provisions of these Terms of Service relating to Disclaimer of Warranties, Limitation on Liability and Indemnity shall survive termination.

Intellectual Property

The Website(s), including all content, graphics, logos, service marks, images, trade dress, source code and other supplementary materials (collectively, “Content”), features, and functionality thereof, are owned by the Company, its licensors, or other third-party providers of such material and are protected by United States copyright, trademark, patent, and other intellectual property or proprietary rights laws. The use of any such Content without our prior written approval is strictly prohibited.

Any third-party brand names, logos and service marks that feature on the Website(s) are a property of their respective owners. Certain third-party providers may also have additional trademark rights in the content provided on or through the Website(s). Unless expressly stated on the Website(s), we claim no affiliation with or endorsement by such third parties. None of the Content included in the Website(s) should be construed as authorizing any approval or right to use any of our brand names, trademarks, trade dress, or service marks without our expressed written permission.

Affiliate links

Our Website(s) may also include third party affiliate site links (“Affiliate Link(s)”) that offer other goods and/or services. When you click any Affiliate Link, the Company receives a small commission at no cost to you. Affiliate Links are provided for the purpose of offering an optimized end user experience. Please be informed that we do not validate third-party affiliates’ legitimacy or inspect, assess, control, or manage the functionality of Affiliate Link(s), or check, monitor, regulate or endorse the accuracy and authenticity of the data published on such Affiliate Links. The Company shall not be held liable for any harm or damage arising from your use of an Affiliate Link, any offer(s) provided by them, any contract between you and a third party affiliate, or any data obtained thereby. You agree that the Company is not responsible for any legal obligation or its compliance/adherence resulting from an agreement between you and owner of the Affiliate Link and is not responsible for any disputes or resolution of disputes between both parties on such agreement.

Additionally, you explicitly acknowledge, accept and agree not to make the Company a claimant to any legal proceedings, lawsuits, investigations, inspections, or alternate dispute settlement process used to resolve any and all disagreements between you and Affiliate Link. Website(s) may include the following links to websites of third-party affiliates:

https://www.marketcheck.com/terms_of_service
https://connexity.com/privacy-policy/
https://webservices.amazon.com/paapi5/documentation/read-la.html
http://pages.ebay.com/help/policies/privacy-policy.html?rt=nc
https://www.lotlinx.com/privacy-statement/
https://www.carqueryapi.com/
https://www.microsoft.com/en-us/trust-center/privacy

Third-Party Links and Advertisements

Certain advertisements and links to websites belonging to third parties may be included in the Website(s). We do not monitor the privacy policy or the content of any third-party websites or advertisements and shall not be held accountable or liable for them. The Company does not endorse, approve, verify or validate any goods or services provided by the third-party websites. Once you click on any link or advertisement provided on the Website(s), you will leave the Website(s)’ environment and be guided to the respective third party website or advertisement. Your usage of or communication with any third-party website or advertisement shall be regulated by their respective policies. We strongly encourage you to read respective third parties’ Terms of Service and Privacy Policy before engaging in any transaction or communication with them.

Disclaimer of Warranties

THE COMPANY PROVIDES ITS WEBSITE(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES AND EXPLICITLY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, QUALITY, TIMELINESS, AND COMPLETENESS OF OUR WEBSITE(S).

WE MAKE NO WARRANTY THAT (A) OUR WEBSITE(S) WILL FULFILL YOUR EXPECTATIONS OR REQUIREMENTS; (B) THE CONTENT ON OUR WEBSITE WILL BE ACCURATE AND RELIABLE (C) THAT OUR WEBSITE(S) ARE FREE OF ANY MALICIOUS SOFTWARES INCLUDING, WITHOUT LIMITATIONS, LOGIC BOMBS, VIRUSES, TROJANS, WORMS OR OTHER SIMILAR SOFTWARE; (C) THAT YOUR ACCESS TO OR USE OF OUR WEBSITE(S) WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; OR (E) THAT ERRORS OR DEFECTS, IF ANY, WILL BE CORRECTED. ANY AND ALL THIRD-PARTY LINKS AND ADVERTISEMENTS ON OUR WEBSITE ARE SOLELY FOR YOUR CONVENIENCE. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR TAKE ANY RESPONSIBILITY FOR ANY THIRD-PARTY WEBSITES OR SERVICES THAT MAY BE LINKED TO OR ADVERTISED BY ON OUR WEBSITE(S).

Limitation on Liability

Under no circumstances and under no legal theory of liability (whether breach of contract, tort, negligence or otherwise) will we, our subsidiaries and/or our respective advertising partner(s), affiliates, officers, directors, employees, agents, suppliers, licensors or service providers be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, without limitation, loss of profits, reputation, business, data and legal costs including attorney fees) resulting from or in any way related to your use of the Website(s), even if we have been advised of the possibility of such damages or could have anticipated such losses.

Indemnity

You agree and acknowledge that the Company, its subsidiaries, affiliates, advertising partner(s) and their respective directors, officers, employees, affiliates, agents and suppliers shall be indemnified, and held harmless from damages, liabilities, costs, and expenses including, without limitation, reasonable attorneys’ fees and other legal costs arising out of or in connection with (i) your access to or use of our Website(s); (ii) your violation of the provisions these Terms of Service including the Privacy Policy referenced herein; (iii) gross negligence or wilful misconduct by you; or (iv) infringement or violation by you of any third party rights, including, without limitation, intellectual property rights, privacy rights or other proprietary rights while accessing or otherwise using our Website(s).

Further, you acknowledge and agree that the Company reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, at your expense and that you shall cooperate with the Company’s defense of these claims and promptly provide any relevant information that may be required.

DMCA Copyright Submission

Company respects copyright holders’ rights and encourages users to act appropriately. The Company will take the appropriate action on a request to erase/remove content that infringes copyrights of others. In addition, Company has the right to deny access to the Website(s) to any person who repeatedly breaches the proprietary rights of others. If you think any or parts of the Website(s) breach your proprietary rights, please write to Company at [email protected].

Please ensure your email includes the following:

information of the copyrighted material you believe was breached;
information as to where the content infringed is posted on the Website(s);
a physical or electronic signature of an authenticated individual representing the interests of the copyright owner;
a statement from you that you believe in good faith that the copyright holder, its agent or the legislation does not authorize the use in question;
a statement from you, provided by perjury penalty, that the above information is accurate in your claim and that you are the copyright owner or entitled to act on the copyright owner ‘s request;
your mailing address, phone number, and email address.

Upon receiving notification in accordance with this section, the Company will strive to remove or disable access to the material and take reasonable steps to promptly inform the complaining party about the same.

Governing Law

We urge you to thoroughly read this section as it can have a significant effect on your civil rights.

These Terms of Service and any disagreement between you and the Company shall be subject to the exclusive jurisdiction of the competent courts in the state of New York without regard to principles of conflicts of law. You consent that a competent court of law in the City of New York, New York shall exclusively decide any claim, intervention, or proceeding resulting from or relying on these Terms of Service.

Class Action

You agree that any and all claims pursued against the Company will be on an individual basis. Thus, you hereby waive your right to commence, to become a party to, or to remain a participant in, any class, collective, group, representative, or hybrid class/collective action in any court, arbitration proceeding, or any other forum, against the Company.

Modification

The Company may modify these Terms of Service periodically. Please review this page from time to time to stay informed about any modifications or updates made to the provisions of these Terms of Service. Your continued use of our Website(s), will confirm your acceptance of the updated terms. If you disagree with the provisions of these Terms of Service please refrain from accessing or using our Website(s) immediately.

Miscellaneous

a. Relationship

The provisions of these Terms of Service shall not be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind us in any manner, whatsoever. These Terms of Service are solely for our and our users benefit and not for the benefit of any other person.

b. Severability

If any provision of these Terms of Service is determined to be illegal, invalid or otherwise unenforceable by a court of competent authority and jurisdiction, only that provision which is declared invalid, illegal or otherwise unenforceable shall be inoperative, without affecting the legality, validity and enforceability of the remainder of these Terms of Service.

c. No Waiver

Any delay, negligence or failure in enforcing the provisions contained herein shall not be construed as a waiver of our rights under these Terms of Service.

d. Entire Agreement

These Terms of Service constitute the entire agreement among the parties with respect to the subject matter hereof and shall supersede any and all prior written or oral agreements and understandings, between the parties with respect to the subject matter of these Terms of Service.

Contact Information

If you have any concerns regarding the provisions of these Terms of Service please contact the Company at: