March 23, 2022
Triple Squirrels Inc. dba EVRGRN Channel (“Triple Squirrels,
,” or “we
”) created these Terms of Service (the “Terms
”) for you to explain the rules that apply when you use the website located at:
and Triple Squirrels-controlled social media pages (“Service(s)
”). By using the Service(s), you agree to the following:1. YOU AGREE TO THE TERMS.
2. WHO CAN USE THE SERVICE(S).
All users of the Service(s) must:
a) Be at least 18 years of age, and if you are under the age of majority in your home country, have permission from your parent or legal guardian to use the Service(s); and
b) Comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
You may not use the Service(s) if you do not meet the above requirements.3. LICENSE AND RESTRICTIONS.
We grant you a limited license to use the Service(s) for your personal use only; however, we may terminate your access to the Service(s) if you engage in any of the following activities:
a) Using the Service(s) for any purpose other than what is permitted in these Terms;
b) Copying the Service(s) or any portion of the Service(s), except as allowed under these Terms;
c) Commercially exploiting the Service(s);
d) Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service(s) or its contents;
e) Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service(s), in whole or in part;
f) Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service(s), falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;
g) Downloading, taking screenshots, or using the Service(s), in whole or in part, without permission;
h) Misrepresenting the source of ownership of the Service(s); and
i) Conducting any other activity in connection with the Service(s) that might be considered illegal or tortious. This includes, without limitation, “hacking” the Service(s), infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Service(s) or related documentation or creating derivative works based on the Service(s).4. STAY CONNECTED
. In order to access and use the Service(s), you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access. 5. OWNERSHIP.
Triple Squirrels retains all right, title and interest in and to the Service(s) and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights
”). If you provide us with feedback regarding any aspect of the Service(s), we will own all rights in and to such feedback and any derivative products or services developed from the feedback.6
. HOW WE USE YOUR PERSONAL INFORMATION.
.7. ENFORCEMENT RIGHTS. We are not obligated to monitor access or use of the Service(s); however, we reserve the right to do so for purposes of operating and maintaining the Service(s) ensuring your compliance with the Terms and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and we may cooperate with law enforcement authorities to investigate users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to or access to the Service(s) at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the Service(s) is objectionable or violates the Terms.
8. NO WARRANTIES AND LIMITATION OF LIABILITY.
a) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE(S) FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE(S) WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
b) THE SERVICE(S) ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICE(S) AVAILABLE THROUGH THE SERVICE(S). YOUR USE OF THE SERVICE(S) IS AT YOUR SOLE RISK.
c) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE(S) INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. OUR TOTAL LIABIITY TO YOU SHALL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICE(S). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will indemnify, defend and hold Triple Squirrels, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service(s).10. DISPUTES.
a) These Terms will be governed by and construed in accordance with the laws the state of Washington without regard to choice of law provisions, and you consent to the exclusive jurisdiction and venue of the state and federal courts in the state of Washington. If there is a dispute between you and Triple Squirrels regarding these Terms or the Service(s), you agree to use reasonable efforts to resolve such disputes with us informally and to consult and negotiate with us in good faith to reach a fair and equitable solution. As a first step, email any concerns to firstname.lastname@example.org
b) If the parties cannot resolve the dispute after using the method described above, the dispute will be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions. The arbitrator will have exclusive authority to resolve all claims and both parties irrevocably consent to the following: any proceedings under this agreement will (i) not exceed a total cost of $10,000; (ii) not exceed a total of five (5) days; and (iii) will be limited to a narrow scope of claims and discovery accordingly. So long as the arbitrator complies with the foregoing, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
c) If any suit or action is instituted to enforce these Terms, the prevailing party will recover from the losing party all fees, costs, and expenses, including, without limitation, all fees, costs, and expenses for appeals and for attorneys and accountants, for enforcing its rights under these Terms. 11. WAIVER OF CLASS-WIDE PROCEEDINGS
. You agree that, by entering into these Terms, you and we are each waiving the right to participate in a class action. Each party to these Terms agrees and covenants that it will not initiate any class-wide proceedings, including class actions, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in their individual capacity.12. GENERAL.
a) Notices. All notices given under these Terms must be in writing. Triple Squirrels may provide you notice by sending you an e-mail to the address on file with us, which you agree is sufficient. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU WILL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You will give notice to Triple Squirrels by means of mail, postage prepaid, to 4111 East Madison Street, #224, Seattle WA 98112. Such notice will be effective upon receipt.
b) Termination. We reserve the right, without notice and in our sole discretion, to terminate your access and use of the Sites. You agree that we will not be liable for any interruption or termination of your access and/or use of our Sites.
c) Survival. The provisions of these Terms which by their nature should survive the termination of these Terms will survive such termination.
d) No Third-Party Beneficiaries. Except as set forth in these Terms, only you and Triple Squirrels may enforce these Terms; no third party will be entitled to enforce these Terms.
e) Immediate Harm. If you breach these Terms, you may cause us immediate and irreparable harm and we will be entitled to seek injunctive relief without the necessity of posting bond.
f) Our Relationship. You and Triple Squirrels are independent parties and nothing in these Terms creates an employment or agent relationship.
g) Severability. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.
h) Assignment. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without our express written consent.
i) Section Headings. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.
j) Waiver. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.
If you have questions regarding the Terms, please contact us at: email@example.com