Ever Accountable Legal

Ever Accountable Privacy Policy

At Ever Accountable, we are committed to protecting your privacy, and we have created this Privacy Policy (the “Policy”) as part of our Terms of Service to explain what information we collect, how your information is collected, and how we may use your information, and other websites and services that we may communicate.

As a general policy, we use Personal Information and message data for internal purposes only. We do not sell or rent information about you. We will not disclose Personal Information or message data to third parties without your consent, except as otherwise explained in this Privacy Policy. If, after reviewing the Policy, you have any further questions please contact us at support@everaccountable.com.

1. Definitions

When we “Accountability Partner(s),” we mean third parties that you have identified and authorized to receive your information, including your Personal Information and information about your use of the Internet and the websites and pages that you access.

When we say “Ever Accountable,” we mean our Websites and Services collectively.

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices, including Personal Information.

When we say “Personal Information,” we mean information you provide to us that may be used to identify you personally. This includes your name, your address, your phone number, your email address, etc.

When we say “Services,” we mean the offering or use of the accountability tracking and reporting services offered by Ever Accountable, including the use of our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Ever Accountable.

When we say, “we,” “our,” or “us,” we’re referring to Ever Accountable, LLC, our employees, directors, officers, affiliates, and subsidiaries.

When we say “Website(s),” we mean the website located at everaccountable.com, including all subdomains and sites associated with those domains, and other websites that we control or operate now and in the future. 

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Ever Accountable Services.

2. Information We Collect

Information you provide to us. When you register for and use Ever Accountable, you are providing us with information, which we collect. This information may include your name, surname, billing and mailing address, email address, phone number(s), and credit card information. We use a third-party intermediary to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on our behalf.

Information from your use of Services. This information may include IP Address, location information, date and time, browser type, and any other action you might have taken to use and while using the Services. In addition, the Service can be configured to capture the following data from subjects using the Service: Screen recording, keystrokes, website visit history, application usage history, search engine queries, emails, instant messages, social media posts, audio, printed documents, network activity, log in / log out activity, file transfer activity, and time active/idle.

Cookies. When you use Ever Accountable, we may store “cookies”, which are strings of code, on your computer. We use those cookies to collect information about when you visit our Website and other websites and pages, when and how you use the Services, registration and user preferences, your browser, your operating system, and other similar information. Most browsers allow you to block and delete cookies. However, if you block our cookies, our Services may not work properly.

Third Party Cookies. The use of cookies by third parties is not covered by our Privacy Policy. We do not have access or control over these cookies. Third parties use session ID cookies to make it easier for you to navigate our Websites. We use third-party services to provide the necessary hardware, software, networking, storage, and related technology required to run and improve our Services.

Web Beacons. Web beacons or pixel tags are tiny graphics with a unique identifier that are embedded in websites and in newsletter emails.  They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.

Additionally, using web beacons, our third-party partners may collect information about you, such as your IP address, your browser or email client type, and other similar details. We use the data from our third-party partners to improve the Services.

3. How We Use Your Information

• To provide the Services, including sending reports and notifications to your Accountability Partners.

• To create your account.

• To bill you for the Services.

• To provide customer support.

• To transfer your information in the case of a sale, merger, consolidation, or acquisition.

• To better understand your needs and interests.

• To send information related to your account and use of the Services.

• To personalize your experience.

• To improve our Services and our products.

• To send you updates and alerts and to contact you about your account.

• To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

4. How We Share and Disclose Your Personal Information

While we never share your Personal Information with nonaffiliated companies, we may share your Personal Information in the following ways:

• We may share certain elements of your Personal Information with each Accountability Partner that you have designated to receive Personal Information from the Services, for purposes of tracking and reporting.

• We may share information with service providers who provide necessary services to Ever Accountable and to strategic partners who help us market Ever Accountable – for instance to send out newsletters or to process payments.

• To provide customer support.

• When we have your permission to share your information.

• When we have given you prior notice that the information will be shared.

• When we are required by law, or legal process to disclose that information – such as a valid court order or a valid subpoena. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a valid government request.

• To enforce our terms and conditions or to protect our operations or users.

• If a transfer of your information is required under the terms of a reorganization, merger, or sale of the company.

• When we determine that information is aggregate information or other information that does not identify you.

5. Public Information and Third Parties

Ever Accountable Blog. We may have public blogs on our Website. Any comments or information you provide in these areas may be read, collected, and used by anyone. If you enter Personal Information into these areas and if you would like to remove it, you can send your request to support@everaccountable.com.

Third Parties. Under certain circumstances, we will provide your information to third parties. Most importantly, with your permission and only with your permission, we will share information that we gather about the websites you visit, apps you use, content you view inside apps, settings you change on the device, and other information related to the use of your device. This information is transferred via an encrypted connection and stored temporarily on our secure server. It is used only to build the reports we send to your Accountability Partners.

We may also share your information with third parties for purposes of facilitating your requests and in connection with tailoring advertisements, measuring and improving our service and advertising effectiveness, and enabling other enhancements.

We may engage third party companies and individuals to perform some services on our behalf. These third parties have access to your information so that they may perform these tasks on our behalf and they are prohibited by us from using or disclosing your information for any purpose other than to provide this assistance, except to the extent required by law. We may permit our service providers to use aggregate information which does not identify you. We may use de-identified data for other purposes.

We are not responsible and this Privacy Policy does not cover your use of any third-party widgets, features, or websites or links to third-party websites or services. We encourage you to read the privacy policy of any third-party site you visit or service you use carefully.

Social Media Widgets. Our Websites include social media features. These features may collect your IP address, which page(s) you are visiting, and may set cookies to make sure they function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policy of the companies providing them.

6. Marketing

Your Personal Information is processed for direct marketing purposes and you have the right at any time to terminate our use of Personal Information related to you for such marketing purposes, including profiling, insofar as it relates to such direct marketing.

Opposition. When you oppose the processing of data for direct marketing purposes, Personal Information is not processed for such purposes. We shall inform you clearly of your rights at the latest at the first contact with you, and this information shall be provided clearly and separately from all other information.

Your Consent. We also use your information with your consent, including: (i) to administer promotions you have entered; (ii) to serve advertising tailored to your interests on our Services; and (iii) to fulfill any other purpose disclosed to you and with your consent.

7. Security

We take precautions — including administrative, technical, and physical measures — to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

We follow generally accepted industry standards to protect your information, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

When you enter sensitive information (such as credit card number) on our order form, we encrypt the transmission of that information using secure socket layer technology (SSL).

8. Correcting and Updating Information

If you are our customer and would like to access or delete information, including Personal Information, that you provided, you may do this by signing in to the Website and making the change or by emailing us at support@everaccountable.com. We will respond to your request within 30 (thirty) calendar days. We may decline to process unreasonable requests or requests that are not otherwise required by local law. Deletion of certain Personal Information may disable or terminate the Services.

We retain your information and data that we process on your behalf as long as your account is active, as needed to provide our Services, and as necessary to comply with our legal obligations and resolve disputes.

We have no direct relationship with third parties with whom our users may interact using the Services. Any such party who would like to amend or delete data which may be stored in the Services should direct his or her request to the applicable Ever Accountable user acting as the “data controller” for such information.

Any such party who no longer wishes to be contacted by an Ever Accountable user, should contact that Ever Accountable user directly.

9. Additional Privacy Laws

If you are a resident of California, additional privacy protections and laws may govern your use of the Websites. These laws include the following specific laws and the Websites will take or not take action based on these laws as set forth below:

• California Online Privacy Protection Act (CalOPPA). Our Websites do not respond to “do not track” signals. We have not authorized and do not give permission to third parties to track your activities on the Website.

• California “Shine the Light” Law (CA Civil Code § 1798.83. As a business with fewer than 20 employees, we are not subject to the provisions of this law. Additionally, with regards to the use of your private information, you may “opt-in” or “opt-out” at any time as set forth below.

• California Consumer Privacy Act (CCPA). Under the CCPA, you have certain rights to control the use of your Personal Information. You may contact us at support@everaccountable.com to exercise any of these rights, which include:
  • The right to know about the Personal Information we collect about you and how it is used and shared;
  • The right to delete Personal Information collected from you (with some exceptions);
  • The right to opt-out of the sale of your Personal Information; and
  • The right to non-discrimination for exercising their CCPA rights.

• California “Online Eraser” Law. We do not knowingly collect information from minors below the age of 18. However, if you are a minor who resides in the State of California and wish to have any of your information removed from our Website or the Services, please contact us at support@everaccountable.com.

If you are a resident of a country in the European Economic Area (“EEA”), you have the rights, among others, to:

• Access your personal data.

• Ensure the accuracy of your personal data.

• The right to have us delete your personal data.

• The right to restrict further processing of your personal data.

• The right to complain to a supervisory authority in your country of residence in the event that data is misused

If you believe that our processing of your Personal Information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement.

You may exercise any of your rights in relation to your personal data by providing written notice to us addressed to the following:

Ever Accountable

138 E 12300 S Unit #691

Draper, UT 84020 

10. Updates to this Privacy Policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here and by email.

11. Effective Date

This Privacy Policy has the Effective Date noted above.

12. Questions

If you have any questions or concerns about our Privacy Policy please contact us via email at support@everaccountable.com or by writing to us at:

Ever Accountable

138 E 12300 S Unit #691

Draper, UT 84020 

Customer Terms of Service

Requirements for Use

1. Age. By creating an account with us and using our Service, you represent and warrant that you are 13 years of age or older. Our service is not intended for children under 13 years old. We do not intend to collect, keep or process personal information obtained from children.
2. Owner of Devices. By creating an account with us and using our Service, you represent and warrant that you are the owner of all computers and mobile digital devices (collectively, “Devices”) on which the App will be installed or on which the Service will be used, or you have been authorized by the owner of such Devices to install the App and use the Service on their Devices.
3. Notification. You represent and warrant that all other users of the Devices: (i) are informed that Internet and digital application use on the Devices are being shared; and (ii) have read, understand, and agree to the Terms of Service. You further represent and warrant that all Accountability Partners have read, understood, and agree to the Terms of Service for Accountability Partners.
4. Compatibility. Use of the App requires compatible devices, and Internet access, and may require periodic updates. The use of the App may be affected by the performance of these factors.
5. Compliance with laws. You agree to comply with all applicable laws regulating Internet use and related sharing services, both now and in the future. The collection and reporting of your Internet usage is accomplished digitally by the App. Ever Accountable directors, employees, and other agents do not generally engage in, access, or review your Internet usage. However, where required by law, Ever Accountable will report unlawful or suspected unlawful Internet usage, including the viewing of child pornography, when discovered by any means.
6. Accountability Partners. You agree to designate one or more individuals (each an “Accountability Partner”) to receive information from Ever Accountable and to provide an accurate email address for each Accountability Partner. By providing us with the email address for your Accountability Partner(s), you represent and warrant that you have been authorized to provide the email address to us.
7. You agree to provide Ever Accountable with all information necessary to properly share your device activity and you agree to keep all information accurate, complete, and current throughout your Subscription Period.

License

1. Grant of License. Subject to and conditioned upon your acceptance of and compliance with these Terms of Service, Ever Accountable grants you a non-exclusive, revocable, non-transferable, non-assignable license (“License”) to install, access, and use the App and the associated software, in object code form only, and only in connection with your personal use of the Service during any period in which you subscribe to the Service (the “Subscription Period”). You agree to use our Service only for your personal use. You agree not to reverse-engineer, decompile, disassemble, or otherwise tamper with the App and/or the associated software.
2. Trademarks. All Ever Accountable trademarks, service marks, trade names, logos, domain names, and any other features of the Ever Accountable brand (collectively, the “Marks”) are the sole property of Ever Accountable. The License does not grant you any ownership rights to the Marks.

Account; Permission to Access Devices and Data

Accountability Partners

1. Accountability Partners. You acknowledge and agree that: (i) we will enroll your Accountability Partner(s), and contact them via email and/or text messaging regarding the availability of your Accountability Reports; (ii) give them access to your Accountability Reports; (iii) Accountability Partners will have access to your Accountability Reports until such time as you remove them from your account or contact us and ask us to remove them from your account; (iv) removal of an Accountability Partner does not necessarily delete any information that your Accountability Partner may have had access to prior to their removal, and (iv) Accountability Partners are required to read, understand, and agree to separate Terms of Service found at www.everaccountable.com/legal.
2. Ages. All Accountability Partners must be at least 18 years of age, or if under age 18, they must have the consent of their parent(s) or legal guardian to be an Accountability Partner, to receive communication from us, and to have access to the Accountability Reports.

Reports

1. Flagging of Sites. You acknowledge that: (i) the Service identifies and “flags” websites, website domains, website titles, apps, content inside apps, and electronic transmissions deemed by a computer algorithm to be objectionable, harmful, or inappropriate; and (ii) Accountability Reports generated for you and your Accountability Partner(s) will contain your “flagged” internet activity. (iii) not all flagged activity may be captured in an Accountability Report; and (iv) not all flagged activity may be the result of intentional actions on your part.
2. Limitations of Reports. You acknowledge and agree that automatic flagging activity generated by an algorithm is likely to be, at times, inaccurate and/or incomplete. Accordingly, you acknowledge and agree that (i) Ever Accountable does not guarantee the accuracy of any information contained in an Accountability Report: (ii) not all activity may be captured in an Accountability Report; and (iii) not all flagged activity may be the result of intentional actions on your part. You assume sole responsibility for reviewing and interpreting each Accountability Report with your Accountability Partner(s).
3. Access to Reports. You acknowledge and agree that emails and/or text messages will be sent to your Accountability Partner(s) on a periodic basis, notifying them of the availability of your Accountability Reports. All Accountability Reports are accessed through a secure web portal but Ever Accountable cannot guarantee that email or text communications are completely secure or that such communications cannot be intercepted, corrupted, manipulated, lost, or destroyed.

Refer A Friend

1. For each friend who accepts your referral through this system, you receive 1 month (31 days) of free account credit. The free credit will immediately be applied to your account so that your next subscription payment will be deferred.
2. Account credits are limited to 24 months. Any free account credit beyond 24 months will be forfeited.
3. You must have an active account with Ever Accountable in order to use this program.
4. Your free account credit will be applied at the time that your friend’s account becomes active.
5. Your friend will be given a 31-day free trial, instead of our usual 14-day free trial.
6. This offer only applies to your friends who have not used Ever Accountable before and is not valid with any other offer.
7. Ever Accountable reserves the right to modify or remove this program at any time. Check back here for updates. Changes to or removal of this program will not affect the account credit you have already received.

Disclaimer of Warranties

1. Modifications. You acknowledge and agree that Ever Accountable may, at any time and in Ever Accountable’s sole discretion, edit, update, reprogram, or otherwise modify the App, its functions, interfaces, or Service. Temporary interruptions of the Service may occur as we face routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns from time to time. Ever Accountable reserves the right, at any time and in Ever Accountable’s sole discretion, to modify or discontinue functions and features of the App and the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation. You further agree that Ever Accountable has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
2. No Warranty. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. ALL SERVICES AND RELATED INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EVER ACCOUNTABLE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, EVER ACCOUNTABLE DOES NOT MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICE OR ANY RESULTS OF THE USE THEREOF, SHALL MEET CUSTOMER’S REQUIREMENTS OR THE REQUIREMENTS OF ANY OTHER PERSON, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, FREE OF HARMFUL CODE, OR ERROR FREE.
3. You acknowledge and agree that the Service is not intended to be a substitute for medical advice or professional counseling. The Service is intended to be used as a tool to help you share and change your activities and behavior if you choose to do so. Should you ever feel depressed, overwhelmed, or suicidal, you should immediately seek the help of qualified medical professionals.

Limitations on Liability

1. Indemnification of Ever Accountable. You agree to indemnify and hold harmless Ever Accountable, its directors, agents, affiliates, and associates, including employees and contractors, from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses arising out of or related to the use of the Service. You further agree to indemnify and hold harmless Ever Accountable against any and all breaches of confidentiality and any disclosure of private information resulting from interception or disclosure of email communications, text message communications, the breach of Ever Accountable secure servers by third parties, the use or misuse of your Accountability Reports by your Accountability Partners, or the actions of your Accountability Partner(s) related to the Service. Additionally, you agree to indemnify Ever Accountable for any reports it should make to federal or state agencies or officials (collectively, the “Agencies”) regarding unlawful or suspected unlawful Internet usage, including the viewing of child pornography. You agree that when making a report to such Agencies, Ever Accountable must only have a reasonable basis for believing that unlawful Internet usage has occurred, and you waive any and all claims against Ever Accountable for making such reports based upon a reasonable belief of unlawful Internet usage.
2. Indemnification of Accountability Partner(s). You also agree to indemnify and hold harmless your designated Accountability Partner(s) against any and all breaches of confidentiality and any disclosure of private information that occurs despite their compliance with the Terms of Service to which they agreed.

Termination of Services

1. Term; Renewal. Your monthly subscription payment will automatically renew at the end of the Subscription Period unless you cancel your subscription before the end of the current Subscription Period. The cancellation will take effect the day after the last day of the current Subscription Period. Uninstalling the App from your device(s) does not constitute cancellation of the Service and your recurring subscription payments will continue until the proper cancellation procedures are followed.
2. Refund of One Month’s Subscription if Not Fully Satisfied.If you are not completely satisfied with our Service, and you notify us of this dissatisfaction within 30 days of your termination of Service, Ever Accountable will refund you one month’s subscription payment.
3. Termination by Ever Accountable.Ever Accountable reserves the right to terminate and deny your access to the Service for any reason or no reason at all, at any time, without notice.

Governing Law; Dispute Resolution

1. Governing Law. Unless otherwise required by mandatory law, these Agreements are subject to the law of the State of Utah, United States, without regard to choice or conflicts of law principles.
2. Dispute Resolution; Forum.
   • Mediation/Judicial Action. Except for claims specified in Paragraph 9.2.1, you agree that you will attempt to mediate any dispute arising from this Terms of Service or your use of the Service, prior to the filing of any claim in a court of law. You agree to attend non-binding mediation at a location within 20 miles of the Company’s headquarters in Salt Lake County, Utah, with a mediator mutually agreed upon by you and Ever Accountable within 30 days of receiving written notice of the dispute/claim from the complaining party, with each party bearing their own expense and mutually sharing in the costs of the mediation. If mediation is unsuccessful, you agree that the matter will be resolved through judicial action brought exclusively in the state courts of the State of Utah or in the federal courts of the United States located in Salt Lake County, Utah. You hereto hereby agree to submit to the jurisdiction and venue of such courts for the purposes hereof. You and Ever Accountable agree that, to the extent permitted by law, the losing party in a judicial suit or other action brought in connection with this Paragraph 9.2.1 shall pay the prevailing party its attorneys’ fees incurred in connection therewith. To the extent allowed by law, if you bring a claim within six (6) months of termination of your subscription, any and all of your claims against Ever Accountable shall be deemed waived.
   • Judicial Action Not Subject to Mandatory Mediation. You agree that disputes involving the following claims are not subject to the mandatory mediation referenced in Paragraph 9.2.1 and may be brought in a court of competent jurisdiction: (1) order of injunctive relief and any related incidental damages; and (2) any action for disputes or claims related to or based on trademarks or intellectual property. Any judicial action allowed by this paragraph shall be brought exclusively in the state courts of the State of Utah or in the federal courts of the United States, located in Salt Lake County, Utah. You and Ever Accountable hereby agree to submit to the jurisdiction and venue of such courts for the purposes hereof. You and Ever Accountable agree that, to the extent permitted by law, the losing Party in a suit or proceeding brought in connection with this Paragraph 9.2.2 shall pay the prevailing party its attorneys’ fees incurred in connection therewith.

Severability

Amendments

Accountability Partner Terms of Service

Requirements for Use

1. Age. By participating as an Accountability Partner for a Client, you attest that you are 18 years of age or older.
2. Participation. You acknowledge that you have voluntarily agreed to act as an Accountability Partner to the Client. You can decline, at any time, to participate as an Accountability Partner by clicking the “unsubscribe” button at the end of any Accountability Report and following the prompts.
3. Email. As an Accountability Partner, you agree to periodically receive emails and/or text messages notifying you that you need to login and view the Client’s Accountability Reports. You agree to access and view the Accountability Reports through the secure Ever Accountable website only.
4. Compliance with Laws. You agree to comply with all applicable laws.

Reports

1. Ownership. You acknowledge and agree that the contents of all communications from Ever Accountable are the property of Ever Accountable and Ever Accountable retains the entire right, title, and interest in and to the communications and the Accountability Reports, including the copyright to the Accountability Reports.
2. Accuracy. You acknowledge and agree that the contents of the Accountability Reports may not be complete or error-free.
3. License. During the time you are an Accountability Partner, you are granted a limited, non-exclusive, revocable, non-transferable license to access the Accountability Reports solely for the purposes of using the Service in accordance with these Terms and Conditions.
4. Confidentiality. You acknowledge and agree that the nature of the Accountability Reports and the Client’s use of the Service is of a sensitive, private nature and that confidentiality is of the utmost importance.
5. Protection. You agree to use your best efforts to safeguard any emails or text messages you may receive from Ever Accountable and not to disclose or share such emails or text messages with third parties, except where required by law.
6. No Third Party Access. Except where required by law, you also agree that you will not share or disclose the contents of any Accountability Reports with any third parties, nor will you use the Accountability Reports for any purpose other than to assist and help the Client, in accordance with the Client’s wishes.
7. Prohibited Use. Unless required by law, you also agree that you will not use the Accountability Reports or information related to the Client using the Service as evidence in any legal proceeding, including but not limited to divorce or custody proceedings.
8. Flagging of Sites and Limitations of Reports. Our Services identifies and “flags” websites, website domains, website titles, apps, content inside apps, and electronic transmissions deemed by a computer algorithm to be objectionable, harmful, or inappropriate. The Accountability Reports generated for you and your Accountability Partner(s) show the Client’s “flagged” internet activity. This automatic flagging is provided to assist you as your Accountability Partner to the Client, but is not meant to be definitive. The Accountability Reports contain raw data and require careful review and interpretation by you. It is entirely up to you to interpret the data contained in the Accountability Report, including the actual content of a particular site or sites, the appropriateness of the Client viewing those sites, and/or any motivation or pattern of viewing by the Client. For example, sometimes a “pop-up” or the inadvertent selection of a link could take the Client to a site that is categorized as objectionable, harmful, or inappropriate. Ever Accountable’s software has no way of knowing how or why the Client arrived at the site, but simply reports the activity. It is up to you and the Client to interpret the information contained in the Accountability Reports. Additionally, from time-to-time, errors may occur in the “flagging” process, including missing content or the mislabeling of content (e.g. improperly flagging a site). You explicitly agree that you understand the limitations of the Accountability Reports and that you will not solely rely on the Accountability Reports to make interpretations and/or assessments that can only be made using additional information and understanding.

Disclaimer of Warranties

1. No Obligations. You acknowledge and agree that Ever Accountable is not charging you any fees for your participation as an Accountability Partner and, accordingly, Ever Accountable offers no warranty that your use of and access to the Service will be uninterrupted or error-free.
2. Modifications. Ever Accountable may, at any time, edit, update, reprogram, or otherwise modify the Service. Temporary interruptions of the Service may occur as we face routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes, and other situations, including mechanical or electronic breakdowns from time to time. We reserve the right, at any time, to modify or discontinue functions and features of the Service or App, with or without notice, all without liability to you for any interruption, modification, or discontinuation. You agree that Ever Accountable has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
3. No Warranty. EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU, THE ACCOUNTABILITY PARTNER, EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL SERVICES AND RELATED INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EVER ACCOUNTABLE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, EVER ACCOUNTABLE DOES NOT MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICE OR ANY RESULTS OF THE USE THEREOF, SHALL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY OTHER PERSON, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, FREE OF HARMFUL CODE, OR ERROR-FREE.

Limitations on Liability

1. Indemnification of Ever Accountable. You agree to indemnify and hold harmless Ever Accountable, its directors, agents, affiliates, and associates, including employees and contractors, from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses arising out of or related to your use of the Service. You agree to hold harmless Ever Accountable against any and all breaches of confidentiality and any disclosure of private information resulting from interception or disclosure of email communications, text message communications, the breach of Ever Accountable secure servers by third parties, or your use or misuse of the Client’s Accountability Reports, or any actions related to the Service that violate this Terms of Service.

Termination as Accountability Partner

1. Termination as Accountability Partner by You or Client. You can decline, at any time, to participate as an Accountability Partner. To do so, click “unsubscribe” at the end of any Accountability Report and follow the prompts. You acknowledge and agree that: (i) the Client can also choose to remove you as an Accountability Partner and thus, prohibit you from receiving access to the Accountability Reports; and (ii) upon removal you will have no further rights to access the Client’s Accountability Reports or to access any other information related to the Client.
2. Termination by Ever Accountable. Ever Accountable reserves the right to terminate and deny your access to the Service and/or the Client’s Accountability Reports for any reason or no reason at all, at any time, without notice and without recourse.

Governing Law; Dispute Resolution

1. Governing Law. Unless otherwise required by mandatory law, these Agreements are subject to the law of the State of Utah, United States, without regard to choice or conflicts of law principles.
2. Dispute Resolution; Forum.
   • Mediation/Judicial Action. Except for claims specified in Paragraph 6.2.1, you agree that you will attempt to mediate any dispute arising from this Terms of Service or your use of the Service, prior to the filing of any claim in a court of law. You agree to attend non-binding mediation at a location within 20 miles of the Company’s headquarters in Salt Lake County, Utah, with a mediator mutually agreed upon by you and Ever Accountable within 30 days of receiving written notice of the dispute/claim from the complaining party, with each party bearing their own expense and mutually sharing in the costs of the mediation. If mediation is unsuccessful, you agree that the matter will be resolved through judicial action brought exclusively in the state courts of the State of Utah or in the federal courts of the United States located in Salt Lake County, Utah. You hereto hereby agree to submit to the jurisdiction and venue of such courts for the purposes hereof. You and Ever Accountable agree that, to the extent permitted by law, the losing party in a judicial suit or other action brought in connection with this Paragraph 6.2.1 shall pay the prevailing party its attorneys’ fees incurred in connection therewith. To the extent allowed by law, if you bring a claim within six (6) months of termination of your subscription, any and all of your claims against Ever Accountable shall be deemed waived.
   • Judicial Action Not Subject to Mandatory Mediation. You agree that disputes involving the following claims are not subject to the mandatory mediation referenced in Paragraph 6.2.1 and may be brought in a court of competent jurisdiction: (1) order of injunctive relief and any related incidental damages; and (2) any action for disputes or claims related to or based on trademarks or intellectual property. Any judicial action allowed by this paragraph shall be brought exclusively in the state courts of the State of Utah or in the federal courts of the United States, located in Salt Lake County, Utah. You and Ever Accountable hereby agree to submit to the jurisdiction and venue of such courts for the purposes hereof. You and Ever Accountable agree that, to the extent permitted by law, the losing Party in a suit or proceeding brought in connection with this Paragraph 6.2.2 shall pay the prevailing party its attorneys’ fees incurred in connection therewith.

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