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 with.

As a general policy, we use information and message data for internal purposes only. We do not sell or rent personal information related to our users.. We will not disclose Personal Information or message data to third parties without your consent, except as otherwise explained in this Privacy Policy. For questions about this policy,  please send an email to:
  support@everaccountable.com.

1. Definitions

When we say “Account Holder” we mean the person(s) or entity(ies) who are legally responsible for the account that’s registered with Ever Accountable to use the Ever Accountable Services.

When we say “Accountability Partner(s),” we mean a parent or other individual(s) identified and authorized to receive an Account User’s information, and information about your use of the Internet, websites, pages, and information that you access.

When we say “Account User” we mean the person using the Services for which we monitor, track, and report activity. In the case of a minor child, the account for each Account User must be established by an Account Holder who is the minor child’s legal parent or guardian.

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

When we say “Information,” we mean all of the different forms of data provided to us by an Account Holder or Account User as well as data that we collect from Account Users’ use of the Services, including software, and devices used as well as, Personal Information provided by the Account Holder or Account User.

When we say “Personal Information,” we mean information that may be used to identify an Account User personally. This includes name, birth date, phone number, 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 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 an Account User, an Account Owner, or Accountability Partner as the case may be.various third-party services that make up Ever Accountable.

Third-Party services, and the other services offered by Ever Accountable.

When we say “Third Party” we mean a person or entity that is not the Account Holder, the Account User, or an Accountability Partner

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

2. Information We Collect (collectively, “User Information”)

Information you provide to us. When an Account holder registers for and uses Ever Accountable, they are providing us with Information, which we collect. This may include their names, surnames, billing and mailing address, email address, phone number(s), and credit card or other payment 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 the use of Services. This information may include IP Address, location information, date and time, browser type, and any other action taken to use the services and while using the Service. In addition, the Service can be configured to capture the following data from Account Users 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 using the service, we may store “cookies”, which are strings of code, on acomputer or other device owned or controlled by the Account User. We use those cookies to collect Information about when visiting our Website and other websites and pages, when and how the Services are used, registration and user preferences, browser and operating system details, and other similar information. Most browsers allow users to block and delete cookies. However, if cookies are blocked, our Services may not work properly.

Third Party Cookies. The use of cookies by Third-parties is not covered by this Privacy Policy. We do not have access or control over cookies used by Third-Parties. Third-Parties may use session ID cookies to make it easier 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, the impact of web beacons and pixel tags can be limited by controlling the cookies that interact with them.

Additionally, using web beacons, our Third-Party partners may collect additional information, such as IP addresses, 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 the  Accountability Partners.

• To create accounts.

• To bill Account Holders for the Services.

• To provide customer support.

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

• To better understand the needs and interests of Account Users and Account Holders.

• To send Information related to accounts and use of the Services.

• To personalize the Services and Website experience.

• To improve our Services and our products.

• To send updates and alerts and to contact Account Holders about their 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 Personal Information with non-affiliated Third-Parties, we may share Personal Information in the following ways:

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

• We may share Information with Third-Party 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 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 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 Account User or Account Holder 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 Account 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 any specific individual.

5. Public Information and Third Parties

Ever Accountable Blog. We may have public blogs on our Website. Any comments or information provided in these areas may be read, collected, and used by anyone. If any person enters Personal Information into these areas and would later like it removed, a removal  request can be sent to support@everaccountable.com.

Disclosure of  Information. As part of the Service, and with the Account Holder’s permission only, we will share User Information as described below.. User 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 authorized Accountability Partners.

Third-Parties.Under certain circumstances, we may provide User Information to Third-Parties. We may also share User Information with Third-Parties for purposes of facilitating Service-related requests and in connection with tailoring advertisements, measuring and improving our service and advertising effectiveness, and enabling other enhancements.

We may engage Third-Parties to perform some services on our behalf. These Third-Parties have access to User Information so that they may perform these tasks on our behalf and they are prohibited by us from using or disclosing  Information for any purpose other than to provide this assistance, except to the extent required by law. We may permit Third-Parties to use aggregate information which does not identify any specific Account User. We may also use de-identified data for other purposes.

We are not responsible for and this Privacy Policy does not cover 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.

We may engage Third-Parties to perform some services on our behalf. These Third-Parties have access to  Information so that they may perform these tasks on our behalf and they are prohibited by us from using or disclosing  Information for any purpose other than to provide this assistance, except to the extent required by law. We may permit Third-Parties to use aggregate information which does not identify any specific Account User. We may also use de-identified data for other purposes.

We are not responsible for and this Privacy Policy does not cover 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 may include social media features. These features may collect data about IP addresses, page(s) visited, 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

Personal Information may be processed for direct marketing purposes and any person has the right at any time to terminate such use of Personal Information for marketing purposes, including profiling, insofar as it relates to such direct marketing.

Opposition. Once notified of an objection to the processing of data for direct marketing purposes, Personal Information will no longer be processed for such purposes by Ever Accountable. We shall inform you clearly of your rights at the latest at our first contact with you, and this information shall be provided clearly and separately from all other information.

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

7. Security

We take precautions — including administrative, technical, and physical measures — to safeguard 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  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 Information, we cannot guarantee its absolute security. Ever Accountable maintains active certifications for ISO 27001 and ISO 27701, which means that an independent Third-Party audit firm validates our compliance with security and privacy best practices on at least an annual basis.

All sensitive information (such as credit card number) that is provided on our order form, is encrypted prior to the transmission of that information using secure socket layer technology (SSL).

8. Correcting and Updating Information

If you are an Account Holder, Account User, or Accountability Partner and would like to access or delete information, including Personal Information, previously provided to us, sign in to the Website and make the change or by email us at support@everaccountable.com. We will respond to requests 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 have no direct relationship with Third-Parties with whom our Account Users may interact while accessing or using the Services. Any such party who would like to amend or delete data which may be stored in the Services should direct their 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

For residents of California, additional privacy protections and laws may govern 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 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  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 Personal Information. Contact us at support@everaccountable.com to exercise any of these rights, which include:
  
  • The right to know about the Personal Information we collect and how it is used and shared;
  • The right to delete Personal Information collected (with some exceptions);
  • The right to opt-out of the sale of your Personal Information; and
  • The right to non-discrimination for exercising any rights under the CCPA.

• California “Online Eraser” Law. We do not knowingly collect information from minors below the age of 13. However, if a minor who resides in the State of California would like to have any information removed from our Website or the Services, please contact us at support@everaccountable.com.

Residents of a country in the European Economic Area (“EEA”), may have additional rights, among others, to:

• Access their personal data.

• Ensure the accuracy of their personal data.

• The right to have us delete their personal data.

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

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

If you believe that our processing of Personal Information infringes any 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 policy 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

For questions or concerns about this 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

By using the Ever Accountable services, website, or electronic device software application (the “App”) (together, the “Service”), you (“Customer” or “you”) are agreeing to the following terms and conditions (“Terms of Service”), for yourself or on behalf of any minor child that is enrolled into the Service and who uses the App, and these Terms of Service  form a binding agreement between Ever Accountable and you. It is important that you read and understand the Terms of Service. Additionally, the Terms of Service may be modified or updated from time to time and it is your responsibility to review the Terms of Service for changes. Your continued use of the Service after any such change will be deemed your acceptance to the changes and an acknowledgement that you agree to be bound by the Terms of Service as modified. Access to and use of the Service is conditioned upon acceptance of and compliance with these Terms of Service as well as the more general Terms of Service and Privacy Policy found at www.everaccountable.com/legal.

Requirements for Use

1. Age. 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 the age of 13 except that the parent or legal guardian of the child has explicitly created an account for that child. We do not intend to collect, keep or process personal information obtained from children except as expressly set forth herein.
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 is 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, Internet access, and may require periodic updates. 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 automatically and digitally by the App. Ever Accountable directors, employees, and other agents do not generally engage in, access, or review your Internet usage. However, when and 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 account usage information from Ever Accountable and to provide an accurate email address for each Accountability Partner. By providing us with the email address for 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 device activity and you agree to keep all information accurate, complete, and current throughout any 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 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 personal use of the Service during any period in which there is an active  subscription to the Service (the “Subscription Period”). Reverse-engineering, decompilation, disassembly, or other activities designed to tamper with the App and/or the associated software is strictly prohibited.
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 to any other person or entity.

Account; Permission to Access Devices and Data

Accountability Partners

1. Accountability Partners. For each Accountability Partner, you acknowledge and agree that: (i) we will enroll each authorized Accountability Partner, contact them via email and/or text messaging regarding the availability of Accountability Reports; (ii) give them access to Accountability Reports; (iii) Accountability Partners will have access to Accountability Reports until such time as you remove them from the 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 each 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 “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.
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 any designated 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 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 for 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 account credit you have already received.

Disclaimer of Warranties

1. Modifications.  Any person using the Service acknowledges and agrees 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. Each user of the Service further agrees 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.  EACH USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT USER’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 USER’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.  Each user of the Service agrees 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. Each user of the Service further agrees 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 autorized Accountability Partners, or the actions of your Accountability Partner(s) related to the Service. Additionally, each user of the Service agrees 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. Each user of the Service agrees 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 any 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.  Each monthly subscription payment will automatically renew at the end of the Subscription Period, unless cancelled before the end of the then current Subscription Period. The cancellation will take effect the day after the last day of the current Subscription Period. Uninstalling the App from any device(s) does not constitute cancellation of the Service and recurring subscriptions 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 the Service, and you notify us of this dissatisfaction within 30 days of your termination of Service, Ever Accountable will refund one month’s subscription payment.
3. Termination by Ever Accountable. Ever Accountable reserves the right to terminate and deny 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 a 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 agrees 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 represent and warrant 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 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 by the Service show “flagged” internet activity. This automatic flagging is provided to assist the Accountability Partner, but is not meant to be definitive. The Accountability Reports contain raw data and require careful review and interpretation. It is entirely up to each individual to interpret the data contained in the Accountability Report, including the actual content of a particular site or sites, the appropriateness of viewing those sites, and/or any motivation or pattern of viewing. For example, sometimes a “pop-up” or the inadvertent selection of a link could launch or invoke a URL that is categorized as objectionable, harmful, or inappropriate. Ever Accountable’s software has no way of knowing how or why the site was visited, but simply reports the activity. It is up to each individual 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 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) you may be removed as an Accountability Partner at any time and thus prohibited from receiving access to future 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 a 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 agrees 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. Each Account User, Account Holder, and Ever Accountable hereby agree to submit to the jurisdiction and venue of such courts for the purposes hereof. Each Account User, Account Holder, 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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