Terms of Use
1. Acceptance of These Terms
These Terms of Use (“Terms”) govern your access to and use of the Evermed services, websites, applications, and software platforms (collectively, the “Services”) operated by Evermed, Inc. (“Evermed”, “we”, “us”, or “our”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
If you are accessing the Services on behalf of an organization that has entered into a separate written agreement with Evermed (such as a master services agreement or license agreement), that agreement governs in the event of any conflict with these Terms.
2. About Evermed and the Services
Evermed provides a software-as-a-service learning experience platform that is licensed to professional associations and similar organizations (the “Customers”).
The Services are made available through customer-branded websites, applications, or domains operated by Evermed on behalf of its Customers. Customers control access to the Services, including which users are authorized to access content and features.
3. Eligibility and Authorized Use
The Services are intended for use only by individuals authorized by a Customer to access the Services.
You represent and warrant that:
you are authorized by the applicable Customer to access the Services; and
your use of the Services complies with all applicable laws, regulations, and professional obligations.
Evermed does not independently verify professional credentials unless explicitly agreed in writing.
4. User Accounts and Access Credentials
Access to the Services may require authentication through credentials provided by the Customer, single sign-on (SSO), or other authentication methods supported by Evermed.
You are responsible for maintaining the confidentiality of your access credentials and for all activity that occurs under your account. You may not share your credentials or allow unauthorized access to the Services.
You must notify Evermed promptly of any unauthorized use of your account.
5. Content Made Available Through the Services
The Services may include video, audio, text, images, documents, data, or other materials (“Content”).
Unless expressly stated otherwise:
Content is provided by Customers or third-party content owners, not by Evermed.
Evermed does not create, select, edit, or control Customer-provided Content.
Evermed does not provide medical, legal, or professional advice.
Content is provided for informational and educational purposes only and should not substitute for professional judgment or advice.
6. Permitted Use of the Services and Content
You may use the Services and access Content solely for:
your personal, educational, or professional use; and
purposes authorized by the applicable Customer.
Unless expressly permitted in writing, you may not:
copy, distribute, publicly display, sublicense, sell, or exploit Content for commercial purposes;
modify or create derivative works from Content;
reverse engineer or attempt to extract source code from the Services;
interfere with the security or operation of the Services.
All rights not expressly granted are reserved.
7. Intellectual Property Rights
The Services, including all software, interfaces, and underlying technology, are owned by or licensed to Evermed and are protected by intellectual property laws.
Content made available through the Services remains the property of the applicable Customer or third-party rights holder.
No rights or licenses are granted except as expressly set forth in these Terms.
8. Acceptable Use and Security
You may not misuse the Services, including by:
introducing malicious code or attempting unauthorized access;
disrupting or overloading the Services;
using the Services in violation of applicable laws or regulations.
Evermed may suspend or terminate access to the Services if it reasonably believes these Terms have been violated.
9. Privacy and Data Protection
Evermed processes personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.
Customers may have their own privacy policies governing their use of the Services. Where applicable, those policies apply in addition to Evermed’s Privacy Policy.
10. Third-Party Links and Services
The Services may contain links to third-party websites or services. Evermed does not control and is not responsible for third-party content, services, or privacy practices.
Access to third-party services is at your own risk.
11. Disclaimer of Warranties
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERMED DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
EVERMED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES; AND
EVERMED’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY THE APPLICABLE CUSTOMER TO EVERMED FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless Evermed and its affiliates from any claims, damages, liabilities, and expenses arising from your misuse of the Services or violation of these Terms.
14. Governing Law and Venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles.
Any disputes shall be brought exclusively in the state or federal courts located in New York, New York.
15. Changes to These Terms
Evermed may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
16. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Contact Information
If you have questions about these Terms, contact:
Evermed, Inc.
support@evermedtv.com