Welcome to the Each Inc. website!
Notice to user (“you”): Please read the following terms and conditions (these “Terms and Conditions”) carefully because they will govern your access to and use of the Each Inc. website (this “Website”), and constitute a legally binding agreement between you and Each Inc. (“Each Inc.”). Please exit this webpage if you choose not to accept all of these Terms and Conditions.
This Website is maintained by Each Inc. and is intended for use by people who are thirteen (13) years of age or older.
Access to and Use of this Website
In order to use this Website, you may need access to the World Wide Web, either directly or through devices that access web-based content. It is your responsibility to pay any service and other fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web. You agree to access and use this Website in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use this Website for any illegal or wrongful purposes.
Each Inc. does not endorse and is not responsible for the accuracy of the content from non-Each Inc. sources, or for practices or standards of non-Each Inc. sources. Each Inc. and its affiliates as well as its and their respective employees and suppliers shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your use of this Website or your reliance on the content of this Website.
Subject to these Terms and Conditions, Each Inc. hereby grants to you a limited, nonexclusive, nontransferable license to access and use this Website solely for your personal and noncommercial purposes. The license granted to you shall automatically terminate if you do not comply with any aspect of these Terms and Conditions. You may not use, download, or export this Website in violation of any applicable laws or regulations. You may not use this Website in any manner that could damage, disable, overburden, or impair Each Inc. servers or networks, or interfere with any other party’s use and enjoyment of this Website. Each Inc. may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
Links to Other Internet Websites
This Website may contain information or content brought to you by third parties or through links to other internet websites. Each Inc. does not control nor assume any responsibility for the information provided by third parties or the content of other Internet websites to which links are provided. Each Inc. shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such information or other content. As part of your acceptance of these Terms and Conditions, you acknowledge and agree that Each Inc. shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such information or other content, or for the practices of any non-Each Inc. site or resource operator, including with respect to the protection of personally identifiable information.
Disclaimer of Representations and Warranties
NEITHER EACH INC., NOR ITS LICENSORS, AUTHORS, EDITORS, REVIEWERS, CONTRIBUTORS OR PUBLISHERS ARE RESPONSIBLE FOR ERRORS OR OMISSIONS OR FOR ANY CONSEQUENCES FROM YOUR USE OR RELIANCE ON ANY INFORMATION CONTAINED IN THIS WEBSITE AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE CONTENTS OF THIS WEBSITE.
THE CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Each Inc. DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES Each Inc. MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
When using this Website, information will be transmitted over a medium that is beyond Each Inc.’s control and the control of Each Inc.’s suppliers. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE.
Limitation of Liability
EACH INC. DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, NO MATTER THEIR ALLEGED CAUSE NOR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA OR BUSINESS OPERATION. IN NO INSTANCE SHALL EACH INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES WHATSOEVER, IN CONNECTION WITH YOUR USE OF THIS WEBSITE. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE ABOUT YOUR USE OF THIS WEBSITE OR ITS CONTENTS IS LIMITED TO YOUR RIGHT TO STOP USING THIS WEBSITE. IF THE LAWS OF ANY JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold harmless Each Inc. and its affiliates as well as its and their respective officers, directors, owners, employees, and other agents or representatives in respect of all losses, liabilities, costs, claims, damages, and demands (including reasonable attorneys’ fees) arising out of or relating to your use of this Website, including the content on this Website, or any other associated programs (including any user-generated content you post or submit to this Website), your breach of any aspect of these Terms and Conditions or your violation or misappropriation of any rights of another in connection with this Website.
You acknowledge that (a) this Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Each Inc. and/or third parties own all right, title and interest in and to this Website and any software provided through or in conjunction with this Website, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export or otherwise attempt to derive source code, technology or other materials from this Website; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in this Website; (iii) use this Website to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter Each Inc.’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through this Website.
You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on this Website, whether or not appearing in large print, italics, or with the trademark symbol, are owned by Each Inc. or its affiliate companies, or are used under license. This Website may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Each Inc. and/or other parties. No license to, or right in, any such trademarks, logos, designs, slogans, trade dress, patents, trade secrets, technologies, products, processes, or other proprietary rights of Each Inc. and/or other parties is granted to, or conferred upon, you.
You may not, distribute, modify, transmit, reuse, repost, or use the content of this Website, including text, images, audio, or video content, for public or commercial purposes. You should assume that everything you see or read on this Website is copyrighted and may not be used, except as expressly provided in these Terms and Conditions or in the text on this Website, without the written permission of Each Inc. Each Inc. neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not owned by, or affiliated with, Each Inc.
If any dispute arises between you and Each Inc. concerning these Terms and Conditions or your use of this Website, the parties shall first try to resolve the dispute through good-faith negotiations. If such efforts prove unsuccessful, all controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The Commercial Arbitration Rules of the American Arbitration Association shall apply to the conduct of the hearing, which shall be held in Virginia. The governing law shall be the laws of the state of Wisconsin. The arbitration award shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction. The parties shall bear equally the costs of the arbitration, but each party shall pay its own attorneys’ fees incurred in connection with the arbitration or the confirmation or enforcement of any award.
Any provisions of these Terms and Conditions that by their terms or nature survive after you cease using this Website or decide to no longer be a registered user, as well as the provisions of these Terms and Conditions concerning consent to collection and use of data, disclaimers of warranties, limitation of liability, indemnities, proprietary rights, dispute resolution, survival, and interpretation of these Terms and Conditions, shall remain in effect after you cease using the Website or decide to no longer be a registered user.
You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of Each Inc. Each Inc. may assign these Terms and Conditions to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, these Terms and Conditions will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions of these Terms and Conditions shall remain in full force and effect.
Each Inc.’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of its right to enforce such right or provision.
Section headings in these Terms and Conditions are used solely for the convenience of the parties and have no legal or contractual significance.
Should you have any questions regarding this Website or the terms and conditions of its use, please contact Each Inc. at +1 (317) 804 1574.