These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Everstart Battery® Marine Battery, Automotive Battery (“Everstart Battery®,” “we,” “us,” or “our”).
Please read these Terms carefully before using our Services. By using any of our Services, you agree to be bound by these Terms and all policies and guidelines referenced herein. If you do not agree to these Terms, do not access or use our Services.
1. Our Services
Everstart Battery® provides online Services like websites, mobile apps, and related products and services to inform and connect users with our battery products and services. You must create an account and be logged in to access certain features or services.
Service Availability & Modifications
We strive to provide continuous availability of our Services but cannot guarantee constant access. We reserve the right to modify or discontinue our Services temporarily or permanently at any time and without notice or liability to you.
Eligibility to Use our Services
You must be at least 13 years old to access our Services. Use by children under 13 is not permitted without consent from a parent or legal guardian. Our Services are intended for lawful use only. You agree to use our Services only for their intended purpose and in compliance with all laws, regulations, and other legal requirements.
Prohibited Uses of our Services
You may not:
- Use our Services for any illegal, harmful, fraudulent, infringing, or offensive activities
- Interfere with or disrupt the operation of our Services
- Circumvent or manipulate our fee structure, billing process, or fees owed to us
- Attempt to gain unauthorized access to any portion of our Services, user accounts, or our computer systems
- Use our Services to spread misinformation, violate others’ rights, abuse or harass anyone, or transmit obscene, profane, or unlawful content
- Transfer access to your account or any of your rights or obligations under these Terms to any third party
We reserve the right to terminate your access to our Services if you violate these terms or applicable law.
Your Account and Password
You are responsible for safeguarding your password and maintaining the confidentiality of your account. You must notify us immediately if there is any unauthorized use of your account. You may be liable for losses or damages related to unauthorized use of your account resulting from your failure to keep your password secure.
Your Content
You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, modify, and distribute content that you upload, post, or submit to our Services. You are solely responsible for all content you contribute to our Services.
You represent and warrant that you own or have all necessary rights to contribute any content and that your content does not violate intellectual property, privacy, or other rights of any third party. Everstart Battery® has no obligation to prescreen, monitor, or edit any content submitted. But we reserve the right to review, delete, or modify content in our sole discretion and for any reason.
2. Intellectual Property Rights
Everstart Battery® IP Rights
Our Services contain material owned or licensed by Everstart Battery®, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, create derivative works from, distribute, publicly display or perform, republish, sell, or participate in any sale or exploitation of any of our intellectual property in any form.
Third Party IP Rights
Our Services may link to or integrate with services offered by third parties. Any intellectual property accessible through such third parties belongs to those parties and is protected by applicable law. We do not claim ownership of or responsibility for data provided by third party services. Please refer to the terms of use for those third parties to understand your rights with respect to their intellectual property.
3. User Content
Responsibility for User Content
You understand that all content submitted publicly through our Services is accessible to anyone and may be used and shared by others. Everstart Battery® has no responsibility for how others may use content you post through the Services.
You assume full responsibility for the content you contribute. You represent that you either own or have all necessary rights to share any content you post. All content you submit remains your own – Everstart Battery® does not claim ownership of any user content. But we do reserve the right to manage our Services, which may include modifying, editing, or removing content at our discretion.
No Obligation to Prescreen or Monitor
Everstart Battery® has no obligation to prescreen or monitor user content submitted through our Services. We reserve the right (but not the obligation) to review, screen, filter, modify, refuse, or remove user content from our Services at any time and for any reason. You understand that when using our Services, you may be exposed to content from a variety of sources that may be offensive or objectionable to you. You agree that Everstart Battery® will not be liable for any user content accessed through our Services, nor for any action you may take as a result of exposure to objectionable content.
Licenses Granted by You
By submitting or posting content through our Services, you grant Everstart Battery® and our authorized third parties the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any content for the purposes of providing and operating our Services.
You grant Everstart Battery® the right to use all posted usernames, profile pictures, and other public information for marketing and promotional purposes on other media like social networks without compensation to you.
4. Fees and Billing
Fees for Paid Services
Certain aspects of our Services may require payment of fees. All fees are stated clearly and you agree to pay all fees specified. Unless otherwise stated, all fees are quoted in U.S. dollars. Everstart Battery® may change the fees for our Services at any time. We will provide reasonable notice of any fee changes before they become effective.
Billing and Payment Methods
You agree to provide accurate, current, and complete payment information to us or our third party payment processors. We will bill your provided payment method automatically to renew any recurring paid services. If automatic renewal fails, we will notify you via email to update your payment information.
Everstart Battery® uses third party payment processing partners to bill users through the Services. You must resolve any issues related to billing, payment methods, and payment disputes directly with the applicable processor. Everstart Battery® is not responsible for any amounts incorrectly billed or paid.
Billing Cycles
The billing cycle for recurring fees is either monthly or yearly, depending on the type of paid service purchased. The cycle begins when you first purchase the service. Fees are billed and due in advance of each new cycle.
Non-Payment Consequences
If you fail to pay any fees on time, Everstart Battery® may immediately suspend or terminate access to any paid Services. Accounts unpaid 30 days after the billing date may be sent to collections. You are responsible for all reasonable costs incurred by Everstart Battery® to collect overdue payments, including collection agency and legal fees.
No Refunds
All fees are nonrefundable unless determined otherwise by Everstart Battery®. Any refunds issued at our sole discretion will be reduced by any applicable fees, commissions, or credits owed to third party partners.
5. Disclaimers; Limitations on Liability
Medical Disclaimer
The content on our Services is not intended as medical advice and should not substitute advice from a medical professional. Always seek the advice of your physician or other qualified health provider with any questions about medical conditions. Never disregard professional medical advice or delay seeking it because of something you accessed on our Services.
No Warranties
Your use of our Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Everstart Battery® expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitations of Liability
To the maximum extent permitted by law, Everstart Battery® will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or relating to the use or inability to use our Services, including any damages for loss of business, revenue, profits, data, use, or cost of substitute services. Our total liability for any damages arising in connection with the Services is limited to the amounts actually paid by you to access and use the Services during the three month period immediately preceding the event giving rise to such liability.
6. Indemnification
You agree to defend, indemnify, and hold harmless Everstart Battery® and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Services or violation of these Terms, including reasonable attorneys’ fees and costs. Everstart Battery® reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree not to settle any such matter without our written consent.
7. Termination and Account Deletion
Account Termination and Deletion
You may delete your account and discontinue use of the Services at any time by contacting customer support. Everstart Battery® may suspend or terminate your access to the Services at any time for any reason, including for improper use in violation of these Terms. Accounts may be deactivated and deleted after prolonged periods of inactivity.
We will make reasonable efforts to provide you notice before suspending or terminating your account unless prohibited by law. If your account is deleted, most of your data will also be erased from our servers within a reasonable timeframe, but some residual data may persist in backups or records of deleted accounts. Everstart Battery® shall not be liable for any damage, liabilities, losses, or any other consequences that may arise from termination of your account or deletion of your data.
Effect of Termination
Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Any fees paid for Services are nonrefundable. All rights, licenses, disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination or expiration.
8. Governing Law
These Terms and any disputes related to these Terms or our Services will be governed by the laws of the State of Texas, USA, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the state courts located in Harris County, Texas and the federal courts located in the Southern District of Texas for resolution of any disputes arising from these Terms or our Services.
9. Changes to the Terms
Everstart Battery® reserves the right to modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice before the changes take effect via email, notification on our Services, or updating the effective date at the top of these Terms. By continuing to access our Services after changes become effective, you agree to be bound by the revised Terms. If you do not agree to the modified Terms, you must stop using our Services immediately.
10. Contact Us
Please contact us with any questions about these Terms and Conditions using the information below:
Everstart Battery® Marine Battery, Automotive Battery
Attn: Legal Dept
123 Battery Way
Houston, TX 77777
Email: terms@everstart-battery.com
Phone: 1-800-555-1234
These Terms were last updated on January 1, 2023.
