Terms and Conditions

Terms & Conditions of service for EveryWhere Agents

Version 1.0 [Created: 03-02-2020]

The following terms of Service, which include the Privacy Policy, IP Policy and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between the user and EWA LLC and/ or EveryWhereAgents.com, herein collectively referred to as the Terms of service. By visiting or using the services available on the website, you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time at our sole discretion. The revision timelines will be updated before any changes take effect. Overview and Definitions EveryWhereAgents.com is an online marketplace that enables buyers of professional services (“Principal”) to search for, enter into and manage transactions with providers of professional services (“Agents”) and, collectively with employers (“Registered Principal”). The Website contains features that enable Agents and employers to do, among other things, the following: Employers/ Principal Creates profiles, post projects, search for Agents, communicate with Agents, negotiate with, award projects, manage and leave feedback for Agents and provide payment for their services. Agents Creates profiles, advertise capabilities, submit quotes, negotiate with Employers/ Principal to obtain project awards, invoice and obtain feedback from Employers/ Principal and receive payments for their services. We also provide Registered Users with certain services described in, and subject to, these Terms of Service. We may add, delete or modify some or all of such services at any time at our sole discretion with reasonable notice posted in advance on the website. Capitalized terms used in these Terms of Service have the following meanings: Account means the account created by the Website upon registration. Assumed Payment Liabilities shall mean that portion of an Agent’s total service charges for a Project which EveryWhereAgents.com agrees to assume in consideration of the Service Charges.

Employer/ Principal Acceptance of Services shall mean

  1. With respect to an invoice, a transfer of funds by Principal to EveryWhereAgents.com in respect of such invoice, or;
  2. With respect to the payment service.

EveryWhereAgents.com Billing and Payment Services means collectively, the EveryWhereAgents.com Invoice Service through the registered verified payment sources. Service Charges means, as applicable, the Project Fee, Principal Payment Processing Fee, the Agent transfer Method Fee and the Dispute Resolution Service Fee. Service means, collectively, the EveryWhereAgents.com Billing and Payment Service, the Dispute Resolution Service and the customer service terms as defined by the company. Website means the World Wide Web site operated by EveryWhereAgents.com or any replacement URL.

Registration

(A) Eligibility

To access our Services through our Website, you must be a legal entity, or an individual of 18 years of age or older who can form legally binding contracts. To become a registered user, you must accept all of the terms and conditions in, incorporated by reference in, linked to, these Terms of Service. By becoming a Registered User, you agree to:

  1. Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website;
  2. Be financially responsible for your use of the Website and the purchase of delivery of services; and
  3. Perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. EveryWhereAgents.com reserves the right, in its sole discretion, to refuse, suspend, or terminate the services to anyone.

(B) Process

To become a Registered User and to access Services you must register for an account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

(C) Accounts and Profiles

Once you have registered with the Website as a registered user, the Website will create your account with EveryWhereAgents.com and associate it with an account denomination (Number, special character set). You will create a profile under your account. During registration, you will be asked to choose a username and password for the Account. As a registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password used to access the Website. You authorize EveryWhereAgents.com to assume that any person using the Website with your username and password is you or authorized to act for you. You agree to notify us immediately if you suspect any unauthorized usage of your account.

(D) Membership

  • EveryWhereAgents.com provides Registered users several different membership options. The availability of these membership options is dependent upon
  1. The registered user’s status as an Employer/ Principal.
  2. The selections made during the selection.
  3. Any subsequent upgrades or downgrades of membership options after registration.

Employers/ Principal

All Employers/ Principals have membership benefits provided as per the program chosen. The membership benefits may change from time to time at the sole discretion of EveryWhereAgents.com and upon reasonable notice period in advance on the Website. Agents Agents can choose from different membership options. The options and differences between these options are listed here.

Each membership option includes a certain number of bids. As described on the Website, an Agent uses bids to submit quotes for projects. If an Agent requires additional bids in a given month, the agent has the option to buy additional bids as per the program chosen. EveryWhereAgents.com reserve the right to change membership fees, the monthly number of bids included in the membership options or the price of bids or institute new fees at any time, at the sole discretion of EveryWhereAgents.com and upon reasonable notice posted in advance on the Website. No refund of membership fees, bids or skill tests already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fees already paid.

Relationship

(A) Employer/ Principal and Agent

  1. Project Agreement: The engagement, contracting and management of a project are between an Employer/ Principal and an agent. Upon acceptance of a quote, the Employer/ Principal agrees to purchase, and the Agent agrees to deliver, the services and related deliverables in accordance with the following agreements:
  1. The agreement between Employer/ Principal and Agent including the project bid, Project description, and other terms and conditions as communicated between Employer/ Principal and agent on the Website or otherwise;
  2. The Terms of the service
  3. Any other content uploaded to the Website by EveryWhereAgents.com. You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer/ Principal is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. The Agent is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Employer/ Principal and the Agent each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
  1. Independence: Employer/ Principal and Agent each acknowledges and agrees that their relationship is that of independent contractors. The Agent shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency or employer-employee relationship between Agent and Employer/ Principal between EveryWhereAgents.com and any Employer.

(B) Registered Users and EveryWhereAgents.com

  1. EveryWhereAgents.com is not a party to the dealing, contracting and fulfilment of any Project between an Employer/ Principal and an Agent. EveryWhereAgents.com has no control over and does not guarantee the quality, safety or legality of any services performance or deliverables created, advertised, the truth and accuracy of project listings, the qualification, background, or abilities of Registered Users, the ability of agents to perform services, the ability of Employers/ Principal to pay for the services, or that an Employer/ Principal or Agent can or will actually complete the project. EveryWhereAgents.com is not responsible for and will not control the manner in which an agent operates and is not involved in the hiring, firing, discipline or working conditions of the Agent. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer/ Principal and an Agent. EveryWhereAgents.com will not provide any Agent with any materials or tools to complete any Project. Employers/ Principals and agents must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations or warranties associated with such dealings.
  2. Third Party Beneficiary of the Project Agreement: Employer/ Principal and Agent each acknowledges and agrees that the value, reputation and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer/ Principal an agents therefore appoint EveryWhereAgents.com as a third party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on EveryWhereAgents.com by these Terms of Service. Employers/ Principals and Agents further agree that EveryWhereAgents.com has the right to take such actions with respect to the Project Agreement on their Accounts, including without limitation, suspension, termination, or any other legal actions, as EveryWhereAgents.com in its sole discretion deems necessary to protect the value, reputation and goodwill of the Website.
  3. Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and EveryWhereAgents.com except and solely to the extent expressly stated.
  4. Taxes: Registered Users are responsible for payment and reporting of taxes. EveryWhereAgents.com is not obligated to determine the applicability of any taxes or remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the Terms of any provision of tax services provided to you by EveryWhereAgents.com. You agree that toy will abide by any and all applicable state and federal tax statuettes, regulations and common law. In the even EveryWhereAgents.com receives a notice of non-compliance with any such statute, regulation or common law including, without limitation, an Internal Revenue Service levy, EveryWhereAgents.com will deem such receipt a breach of this section and will suspend your Account until EveryWhereAgents.com receives an Internal Revenue Service Release.

EveryWhereAgents.com Fees

(A) EveryWhereAgents.com can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here.

(B) Service Fee: EveryWhereAgents.com charges all Agents a Project Fee. The fee is based on an Agent’s membership type and is deducted from the total amount paid by an Employer/ Principal for a Project as described here.

  1. Employer/ Principal Payment Handling Fee: When an Employer/ Principal pays an Agent, a Payment Handling Fee will be added to the Invoice total.
  2. Agent Transfer Method Fee: If, upon an Agent’s request, funds are to be disbursed via a wire transfer, an Agent Transfer Method Fee will be charged to the Agent as described here. Transfers made through Stripe Connect, automated clearing house, or debit card methods will incur no such fee.
  3. Dispute Resolution Service Fee: For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, EveryWhereAgents.com charges a Dispute Resolution Service Fee, equal to the greater of twenty five dollars and five percent of the total amount paid by an Employer/ Principal to EveryWhereAgents.com for the applicable project to which such payment relates.
  4. Employer Withdrawal Fee: When the employer/ principal withdraw funds from their cash account, there is a withdrawal fee. This fee will be subtracted from the amount withdrawn.

(C) We reserve the right to change the membership fees, service fees, processing fees or any other fees that may be charged by EveryWhereAgents.com at any time, at the sole discretion of EveryWhereAgents.com and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

EveryWhereAgents.com Billing and Payment Services

(A) EveryWhereAgents.com Invoice Service

The EveryWhereAgents.com Service enables EveryWhereAgents.com to issue invoices and enables Employers/ Principals to make payments for services.

  1. When an Agent completes a Project for an Employer/ Principal, the agent will complete the electronic invoice form and submit it to EveryWhereAgents.com via the website. An Agent must complete and submit an Invoice to EveryWhereAgents.com for each and every Project.
  2. Invoice Disputes: If an Employer/ Principal reasonably disputes any invoice, the Employer/ Principal will pay all undisputed amounts within the time frames specified above and the parties will cooperate to verify any undisputed amounts. Any Invoice amounts reasonably disputed by an Employer/ Principal will not be payable to an agent until such dispute is resolved. EveryWhereAgents.com obligation to pay any payment (less applicable service charges) is expressly conditioned upon:
  1. EveryWhereAgents.com receipt of payment from the applicable employer/ principal
  2. Resolution of all outstanding disputes with respect to such Invoice and/ or payment.

(B) SafePay service

(C) Funds Transfer

  1. To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms or Service. Notwithstanding any other provisions of these Terms of Service, if EveryWhereAgents.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms or Service, EveryWhereAgents.com has the right to refuse to process such request.
  2. EveryWhereAgents.com reserves the right, at its sole discretion, to place a hold on requested transfers if EveryWhereAgents.com suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. EveryWhereAgents.com will release the hold as soon as the deemed suitable.

(D) Legal Relationship

  1. EveryWhereAgents.com is not your agent with respect to any funds that have been transferred to EveryWhereAgents.com for any assumed payment liabilities.
  2. Each Agent must properly discharge and credit employers/ principal for all payments that EveryWhereAgents.com makes to such agent in respect of services provided to such employers/ principals.
  3. EveryWhereAgents.com acts as a payment provider by creating, hosting maintaining and providing the EveryWhereAgents.com Billing and Payment Services via the Internet. EveryWhereAgents.com does not have any control over the services invoiced or paid for with the EveryWhereAgents.com Billing and Payment Services. Additionally, EveryWhereAgents.com does not control whether an Employer/ Principal or Agent will actually complete the underlying transaction. EveryWhereAgents.com is not responsible in any way for the timeliness or accuracy of the invoices or the result of an awarded Project. Nothing in these Terms of Service will be deemed to constitute EveryWhereAgents.com as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
  4. By using the EveryWhereAgents.com Billing and Payment Services, you expressly acknowledge that
  1. EveryWhereAgents.com is not acting as a trustee or a fiduciary of Employers/ Principal or Agents and that the EveryWhereAgents.com Billing and Payment Services are provided to Registered Users administratively.
  2. EveryWhereAgents.com is not a “Financial Institution” as defined under the Bank Secrecy Act (BSA) and the EveryWhereAgents.com Billing and Payment Services are payment services rather than banking services. EveryWhereAgents.com is NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH EveryWhereAgents.com ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.

(E) Miscellaneous Payment Terms

  1. Authorised Payments are final. Your use of the EveryWhereAgents.com Billing and Payment Services constitutes your agreement to pay for any amounts which you authorise us to retain from transactions and, as appropriate, charge to your credit card, bank account, or Stripe payment method. Such payments, once authorized, are final. When an Employer’s Acceptance of Services has occurred
  1. EveryWhereAgents.com shall have no further liability to any party with respect to Payment for such services
  2. Employer/ Principal acknowledges that EveryWhereAgents.com has provided a complete service in respect of the payment made by the Employer/ Principal for the Assured Payment Liability or Invoice, as applicable and
  3. Employer hereby releases EveryWhereAgents.com from any and all liability with respect to such payment.
  1. Fraudulent Transactions, Erroneous or Duplicate Transactions, charge backs. EveryWhereAgents.com reserves the right to seek reimbursement from you and you will reimburse EveryWhereAgents.com if it discovers a fraudulent transaction, erroneous or duplicate transaction, or if receives a charge back or reversal from any Employer/ Principal’s credit card company, bank, or Stripe for any reason. You agree to and acknowledge EveryWhereAgents.com right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by EveryWhereAgents.com in an effort to investigate fraud. You agree that EveryWhereAgents.com has the right to obtain such reimbursement by charging your account, deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is causing for termination of your Account.
  2. Currency. The EveryWhereAgents.com Billing and Payment Services operate in US Dollars and therefore EveryWhereAgents.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US dollars, nor is EveryWhereAgents.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearing house to and from your bank account, credit card account, or Stripe Connect account.
  3. Exclusivity and Non-Circumvention. Employers/ Principals agree to use the EveryWhereAgents.com Billing and Payment Services to make all payments to Agents, whether first time, repeat or follow-on. You also agree not to take any action directly or indirectly to circumvent the EveryWhereAgents.com Billing and Payment Services or any associated fees. As an agent, you agree to use EveryWhereAgents.com Billing and Payment Services to receive all payments from Employers/ Principals identified through the Website, whether first-time, repeat or follow-on. Additionally, you agree not to circumvent the EveryWhereAgents.com Billing and Payment Services or any associated fees.
  4. Notification. As an Employer/ Principal, you agree to notify EveryWhereAgents.com immediately if you agent solicits payment from you outside the Website. As an Agent, you agree to notify EveryWhereAgents.com immediately if your employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the EveryWhereAgents.com Billing and Payment Services, please submit a confidential report to EveryWhereAgents.com by phone at or contact us.
  5. Agreement to Pay. If, for any reason, EveryWhereAgents.com doesnot receive payment for any amounts that you have authorized to be paid through your use of the EveryWhereAgents.com Billing and Payment Services, you agree to pay such amount immediately upon demand by EveryWhereAgents.com. You also agree to pay interest charges, attorney fees, and other costs of collection incurred by EveryWhereAgents.com in collecting from you the authorized but unpaid amount. In such case, EveryWhereAgents.com may, at its option, stop processing any further payments made by you and apply any amounts then held by EveryWhereAgents.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the EveryWhereAgents.com Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Dispute Services

(A) Eligibility

EveryWhereAgents.com offers the dispute resolution service to those registered users that have requested everywhereagents.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a project that is

  1. Pursuant to a project posting by an employer/ principal through the website
  2. Pursuant to a bid for by an agent through the website for such job posting and
  3. Pursuant to an acceptance through the website by the employer/ principal for such bid. Employers/ Principals and Agents agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this section

(B) Process

  1. Negotiation. In any dispute between Registered users relating to a Project that is eligible for Dispute Resolution Service, you agree to negotiate such dispute in god faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and EveryWhereAgents.com will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to binding arbitration as further set forth below
  2. Arbitration. In any dispute between an Employer/ Principal which cannot be resolved through negotiation, you expressly agree to and acknowledge that everywhereagents.com or a third party chosen by everywhereagents.com will arbitrate the dispute in accordance with these Terms Of Service and the Website
  1. You acknowledge and agree that everywhereagents.com will construe any Project Agreement based on the transactions course of dealing and common industry practices. Specifically, in rendering is decision, the arbitrator shall only be obligated to consider the following
  2. the project agreement
  3. The parties course of dealings, as evidenced by activity on or communications through the Website
  4. The Project itself and
  5. Any information or communication that the Employer/ Principal and gent agree should be considered.
  6. EveryWhereAgents.com shall render its decision within 5 business days of escalation. You are encouraged to continue to negotiate and amicable settlement with the Agent with which you are engaged in a dispute.
  7. You agree that the decision of everywhere agents.com acting as an arbitrator shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator's decision.
  8. In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or licence to the Project that is the subject matter of the dispute. You agree to return any physical copies of such project in your possession and destroy any electronic copies that you have.

(C) Communication

You agree and acknowledge that

  1. EveryWhereAgents.com shall continue to perform the services necessary to complete any open transaction between you and another registered user and
  2. You should continue to be obligated to pay any amounts accrued but unpaid as of the dates of termination to everywhereagents.com for any service and to any Agent for any services.

(D) Termination.

Any termination of an account will automatically lead to the termination of all related profiles. Without limiting our other remedies, we may issue a warning, or temporary suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if

  1. You breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website;
  2. We are unable to verify or authenticate any information you provide to us;
  3. We believe in our sole discretion that your actions may cause legal liability for you, our Registered users or Everywhereagents.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same account, a different account or register under a new account.

In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Everywhereagents.com Billing and Payment Services or otherwise reduce fees owed to Everywhereagents.com under these Terms of Service, you must pay Everywhereagents.com for all fees owed to Everywhereagents.com and reimburse Everywhereagents.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

Privacy and Confidentiality

Your use of the website and the services provided there in and thereby is governed by the terms of these Terms of Service and the EverywhereAgents.com Privacy Policy. It is your responsibility to review the EverywhereAgents.com Privacy Policy which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the website and may be updated from time to time. Unfortunately, we cannot ensure the disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies, or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Intellectual Property

(A) EverywhereAgents.com Content.

Your use of the Website and services provided therein and thereby is governed by the terms of these Terms of Service and the EverywhereAgents.com IP Policy. It is your responsibility to review the EverywhereAgents.com IP Poliy, which is incorporated by reference and we suggest that you review the IP policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.

(B) Registered User Content

  1. You are solely responsible for information posted on our website, including but not limited to
  1. any audio, video, or photographic content
  2. Any posting on listing made in any public message area, through any email feature or through EverywhereAgents.com feedback feature and
  3. Any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered user including companies. You retain ownership of all Multimedia Content and Personal Content subject to the licences granted herein.
  1. You hereby assign to EverywhereAgents.com your rights in any Non-Multimedia Content. You grant us a Non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing EverywhereAgents.com services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing services.
  2. Your information must not:
  1. infringe any third parties rights, including but not limited to intellectual property, publicity or privacy;
  2. be defamatory, trade libellous, threatening or harassing; nor
  3. Be obscene, indecent, or contain pornography.
  1. We do not endorse any information posted by Registered users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe this inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.

(C) Removal of content for which copyright infringement is claimed

  1. Pursuant to 17 USC. 5112th as amended by Title II of the Digital Millennium Copyright Act, EverywhereAgents.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in according with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement Form and fax it to EverywhereAgents.com at number.
  2. The information requested by the Notice of Infringement Form substantively complies with the safe harbour provisions of the Digital Millennium Copyright Act 17 USC 512, which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
  3. 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 the Agent to locate the material.
  4. Information reasonably sufficient to permit the agent to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. 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.
  7. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Additionally, you are required to provide a Notice of Infringement Form each time you wish to report alleged acts of infringement and fax it to the number provided above. Representations, Disclaimers, Limitations And Exclusions

(A) Registered User Representations and Warranties.

All Registered Users represent warranty and agree:

  1. not to grant access to an account only two users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
  2. to be fully responsible and liable for any action of any user who uses your Account.
  3. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
  4. not to allow any third party to is not authorized to do so to use your Account at any time.
  5. not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
  6. not to intercept or expropriate any system, data or personal information from the Website.
  7. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.
  8. that it has the right and authority to enter into the Terms of Service and to transact business here under.
  9. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users
  10. that they will not use to website or its services to defraud or mislead any person or entity, including without limitation, EverywhereAgents.com or any Registered User.
  11. that they will not use the Website to violate any law or regulation of The United States of America or any international law or treaty.
  12. that they are not a resident national of ,or, entity located in any country subject to economic sanctions imposed by the government of The United States of America. The current list of US sanctions can be found here.
  13. that they are not currently and have never been listed as Specially Designated National by the United States Department of Treasury's Office of Foreign Assets Control (OFAC)
  14. that they will not use the website in connection with any prohibited transaction as defined under the Cuban Assets Control Regulations, 31 CFR. Part 515; Iranian Transactions Regulations 31 CFR Part 560 or Sudanese Sanctions Regulations, 31 CFR Part 538; Fromer Liberian Regime of Charles Taylor Sanctions Regulations 31 CFR Part 593; Burmese Sanctions Regulations 31 CFR Part 537; Foreign Assets Control Regulations as they relate to North Korea 31 CFR Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.

(B) Warranty Disclaimer.

THE SERVICES PROVIDED BY EVERYWHEREAGENTS.COM OR OUR THIRD PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS" AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY ON RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(C) Limitation of Liability

IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVICE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF

(A) $100 OR

(B) THE AGGREGATE AMOUNT OF MONIES IS ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY, SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, OR SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(D) General Release

If you have a dispute with another Registered User, you release EverywhereAgents.com (and our officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

(E) State Specific Release

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE AS 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "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."

(F) Indemnity

You agree to defend, hold harmless and indemnify EverywhereAgents.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by EverywhereAgents.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by third party against EverywhereAgents.com In connection with your use of the Services including any payment obligations incurred through use of the EverywhereAgents.com Billing and Payment Services; or 2 resulting from:

  1. your use of the website
  2. your decision to supply credit information via the website, including personal financial information;
  3. your decision to submit postings and accept offers from other Registered Users;
  4. any breach of contract or other claims made by Registered Users with which you conducted business through the website;
  5. your breach of any provision of these Terms of Service
  6. any liability arising from the tax treatment of payments or any portion thereof;
  7. any negligent or intentional wrongdoing by any Registered User;
  8. any act or omissionof yours with respect to the payment of fees to any agent
  9. your dispute of or failure to pay any Invoice or any other Payment; or
  10. your obligations to an agent. Any such indemnification shall be conditioned on our:
  11. notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof;
  12. cooperating with you in the defence or settlement thereof; and
  13. allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

(G) Links

The Website contain links to third-party web sites not under the control of operation of EverywhereAgents.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

(H) Data

You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on EverywhereAgents.com part to store, backup, retain, or grant access to any information or data for any period. Miscellaneous Terms and Conditions

(A) Compliance with Law

You are responsible for compliance with applicable U.S. state, US federal and international laws, regulation and treaties, keeping in mind the access to the contents of this Website may not be legal for or by certain persons or in certain countries.

(B) Modification and Waiver

EverywhereAgents.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorised representative of EverywhereAgents.com. No delay or omission by EverywhereAgents.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of right remedy will not preclude further exercise of any other right or remedy.

(C) Severability

If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(D) Assignment or Transfer

You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of EverywhereAgents.com and any attempt to do so will be null and void. EverywhereAgents.com may assign these Terms of Service in its sole discretion.

(E) State Specific Legal Notice

Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: EverywhereAgents.com located in San Antonio, Texas; is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 100 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent you by email. Please feel free to contact EverywhereAgents.com to resolve complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at info@everywhereagents.com

(F) Force Majeure

Except for the payment of fees to EverywhereAgents.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligations hereunder due to labour disturbances, accidents, fires, floods, telecommunications or internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of surgery such delay.

(G) Notice

All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by mail - first class postage prepaid by registered or certified mail to the addresses set forth below or to such other addresses as any party shall designate by notice in writing.

If to everywhereAgents.com

Attention: Everywhere Agents LLC | P.O. Box 12253 | San Antonio Texas 78212

(H) Headings and Labels

These boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.

(I) Integration

These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and EverywhereAgents.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website the link to or are linked from the Website.

  1. EverywhereAgents.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and
  2. you are solely responsible for the receipt of any notification or communication sent by EverywhereAgents.com using the e-mail address corresponding with your Account registered at the time a dispute arises.

Acknowledgements

You agree and acknowledge that:

  1. EverywhereAgents.com is not providing legal services to you.
  2. EverywhereAgents.com will not advise you regarding any legal matters or solicit any of your views towards or against its services.