Evergreen Settlements ("Evergreen", "we," "us" or "our"), a Pennsylvania company, operates several websites, including this website (each a "Site" and collectively, the "Sites"). By using or accessing this Site, a mobile application of this Site, or any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Evergreen that is the owner or operator of the Site. You covenant, represent and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Content (defined below), does not violate any applicable law. If you are using the Site on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms.
You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Site.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF YOUR ABILITY TO BRING OR PARTICIPATE IN any class action lawsuit OR CLASS-WIDE ARBITRATION AND ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Sections 9, 10, 11 and 13). These provisions form an essential basis of our bargain. If you do not agree to these Terms, you are not authorized to access or use the Site or the Services offered on the Site and you should stop using and exit the Site.
1. Our Services. We do not offer to sell or buy any insurance or other products or services described on the Site. Instead, the Site acts as a venue to allow agents and other parties who are customers of our Site, such as marketing partners and finders working on behalf of insurance companies and other insurance related entities (each, a "Provider") as well as us, to market, offer for sale and sell, in a variety of formats, insurance, life insurance settlements and other authorized products to potential consumers (each, a "Prospect"; all Prospects and Providers are referred to together as the Site’s "users") who have visited one of our Sites or affiliated sites and applied to receive information about insurance, life settlements or other products or services from a Provider (the "Service"). We may, through our Site or other affiliate sites, and with each Prospect’s authorization, collect certain information (collectively, a "Lead") about any Prospect and sell such Lead to a Provider. As a result, the quality, safety or legality of the products or services offered by any Provider for sale, the truth or accuracy of the representations regarding such products or services, the ability of Providers to offer, sell or deliver such products or services or the ability of Prospects to pay for the products or services offered are solely the responsibility of each user and not Evergreen. We are an independent contractor for all purposes. We are not responsible in any way for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers, companies or insurance policies, products or services offered by any Provider. We do not provide insurance, tax, legal or any other financial advice. We do not guarantee that any of the Providers to whom we forward any Prospect's application or information will contact such Prospect or agree to provide the Prospect with the desired or requested coverage. If you are a Prospect and you would like personal advice or specific insurance policy recommendations, please consult with an insurance agent, broker or other qualified professional.
The Providers that can provide you with insurance quotes or conditional offers may not respond with offers until they obtain additional information from you. You may not be matched with the Provider making any specific quote or offer. Any compensation from Providers is payment for Evergreen’s services, tools and facilities. Your use of the Site and/or the Service constitutes your agreement with this compensation arrangement.
The Site and the products and services provided or advertised on and through the Site may not be available in all states, and the availability of such services and the products offered on and through the Site may change from to time without notice. Providers are not attempting to offer insurance outside of their authorized states or country by participating in and offering their products or services on the Site. Providers may discontinue, suspend or terminate the offering of any insurance or other product or service in any specific state through the Site at any time, without prior notice.
The data and other information you may provide Evergreen is not, and is not treated as, an application for insurance or a request to be pre-approved, pre-qualified or any similar concept. Evergreen does not guarantee acceptance into any particular insurance program or specific terms or conditions with any Provider; insurance approval standards are established and maintained solely by individual Providers. Likewise, Evergreen does not guarantee that the insurance terms or rates offered and made available by Providers are the best terms or lowest rates available in the market. A Provider’s offer may be subject to market conditions, approval and qualification (including possibly a credit check and/or a review of your driving record). The rates and fees actually provided by Providers may be higher or lower depending on your complete profile and other considerations used by the Providers, such as your driving record in the case of auto insurance. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for an insurance commitment or a rate lock-in agreement. Providers may not offer all products featured on the Site. You might not be matched with the Provider making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Providers may obtain, verify and record information that identifies each person who applied for or obtain insurance from them. For example, they may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important information, that will allow proper identification of you. During the Provider application process, they may also ask for additional information.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for quotes or additional information or any other submission ("submission"), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to insurance or another product or service through Evergreen to each of the Providers to whom your request is transmitted. By including your telephone number and email address in any submission, you are extending an express invitation and providing your express written consent to Evergreen and to each and every Provider you have been matched with (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text messages) so they may assist you with your transaction, and you hereby consent to any such calls or texts even if your phone number is on any corporate, state or national Do Not Call list or registry, or (ii) to contact you by email at any email address you provided. You understand that you are not required to provide your consent as a condition of purchasing any goods or services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete.
By submitting information on an insurance request form or similar form on our Site, you authorize us to provide such information to Providers in order to help you complete your request (including providing you with information about other products or services in which you have expressed an interest). Additionally, where applicable (such as by submitting a request for auto insurance), you authorize the Providers to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.
2. Personal Use. Although we do charge a fee to Providers to purchase Leads or information we gather from our Sites, and we may from time to time charge users fees for utilizing various other services that may now or in the future be provided by our Site, we do not charge users to access the public portions of our Site. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding our Service, all in accordance with these Terms. We further grant each Provider a limited, revocable, non-exclusive license to access the password-protected portions of the Site or the Service (as applicable) in accordance with these Terms or any written agreement between us and the Provider. Any other use of the Site or the Service is expressly prohibited. Importantly, this limited license does not include any right of collection, aggregation, copying, duplication, display or modification of the Site or the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
3. Proprietary Rights and Downloading of Information from the Site. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps and other materials on the Site and/or available through the Service (collectively, the "Content") are only for each user's personal use in accordance with the limited license grant contained herein or (in the case of Providers) also pursuant to any separate written agreement. All Content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Content on the Site. Copying or storing of any Content other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on the Sites (including, without limitation, the Site’s domain name) are the exclusive property of Evergreen or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit.
4. Unauthorized Use. Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
Copy reproduce, upload, post, display, republish, distribute, or transmit any part of the Content in any form whatsoever;
Reproduce any portion of the Site or the Service on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Site or Service, or mirror or replicate any portion of the Site or Service;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site or Service;
Reverse engineer any part of this Site or the Service;
Sell, offer for sale, transfer, or license any portion of the Site or Service in any form to any third parties;
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content or any portion of the Site or Service;
Use the Site other than to learn about our Service and to make legitimate inquiries to us regarding our Service;
Use the Site to create any false or fraudulent account or inquiry or engage in any fraudulent action;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Providers;
Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
Upload or transmit to the Site or use in connection with the Site any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, systems or networks; or
Disguise the origin of any information or inquiry transmitted through the Site.
If we believe that you are engaging in any activity through or in connection with the Site or the Service that appears to be in violation of the above, or in violation of any other provision of these Terms or a violation of applicable law or regulations, we may, without limiting our other rights and remedies, immediately terminate any further use of the Site or Service by you without notice.
5. Changes to Site. We may change, remove, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.
6. Your Email Address and Our Privacy Policy. When you use the Site to send an inquiry to us or make a submission, you agree to allow the Site, Evergreen and our affiliates to add your email address to our database of users. You may receive one or more marketing emails from the Site, Evergreen and/or our affiliates. You may opt not to receive such marketing emails from us at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy, which is expressly incorporated into these Terms.
7. Data Transmittal. Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.
8. Identity Verification. User verification on the Internet is difficult, and we cannot and do not confirm each user's purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER EVERGREEN NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH EVERGREEN AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
9. Limitation of Liability. IN NO EVENT WILL EVERGREEN, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE "EVERGREEN GROUP") BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITES OR SERVICE, THESE TERMS, YOUR USE OF THE SITE OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE EVERGREEN GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE EVERGREEN GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.
10. Disclaimer. THE SITES AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES OR THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES OR THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND EACH MEMBER OF THE EVERGREEN GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITES OR THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
12. Indemnity. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND EACH MEMBER OF THE EVERGREEN GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN A PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE EVERGREEN GROUP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
13. Jurisdiction; Dispute Resolution; Arbitration.
PLEASE READ CAREFULLY. THE FOLLOWING AFFECTS YOUR RIGHTS
14. No Agency. The relationship between Evergreen and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
15. Notices. Except as explicitly stated otherwise, any notices shall be submitted (in the case of you contacting us) by certified postal mail, return receipt requested, to:
Evergreen Settlements
325 Sentry Parkway
Building 5 West, Suite 200
Blue Bell, PA 19142
Attn: Legal Dept.
or, when we need to send you notice, to any email address you may provide to the Site during the registration process or when submitting an inquiry (as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested or by national courier service, to any address provided to us during the registration process or when submitting an inquiry (as applicable).
16. Amendments. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Sites and will be effective immediately thereafter. Your submission of a quote request and/or other use of the Sites following the posting of any such change, modification or amendment to these Terms will constitute your acceptance thereof. When we post changes to these Terms, we will revise the "last updated" date at the top of these Terms. Accordingly, you should periodically check the "last updated" date at the top of these Terms so that you can familiarize yourself with any changes.
17. Copyright Infringement. As Evergreen asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe that any third-party Content on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) 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 Evergreen to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;(v) a statement that you have 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Evergreen’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, 325 Sentry Parkway, Building 5 West, Suite 200, Blue Bell PA 19422. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Evergreen’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe Evergreen removed any of your Content in response to a false notice of copyright infringement, you should notify Evergreen promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, Evergreen may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. Evergreen has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
18. Links to Third-Party Sites. This Site may contain links and pointers to other Internet sites that are not owned or controlled by Evergreen. Evergreen has no control over, and assumes no responsibility for the products, services, content, privacy policies or practices of any third-party website or application. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents, products or services thereof. You expressly relieve Evergreen from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each website or application that you access or use.
19. Your Record of These Terms. We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
20. Miscellaneous. We may immediately and in our sole discretion terminate any user's access to or use of the Site due to such user's breach of these Terms or our Privacy Policy, or other unauthorized use of the Site. Any claim or cause of action you may have hereunder or with respect to your use of the Sites or the Service must be commenced within one (1) year after the claim or cause of action first arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. Except for Sections 11, 12 and 13 above, these Terms do not give rise to any third-party beneficiary rights. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; Evergreen may assign or delegate these Terms in whole or in part.