Website Terms & Conditions
- Your Use of the Site
- You must be at least eighteen (18) years old to use the Site. You agree to notify us immediately if you reasonably suspect that another user of the Site is under the age of eighteen (18) years. If you decide to open an account to subscribe to features or services offered on or through the Site, you represent and warrant that you have never been convicted of an indictable offense or a felony, and that you are not required to register as a sex offender with any government entity.
- You agree not to use the Site for the purposes of (a) interacting in any way with another user of the Site who you reasonably suspect is under the age of eighteen (18) years, (b) engaging in advertising to, or solicitation of, other users of the Site to send money, buy or sell any products or services, (c) soliciting other users of the Site for prostitution or an escort service, (d) initiating off-site contact with other users of the Site, (e) sending any chain letters to other users of the Site, or (f) sending spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. EVERYINCH.COM reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any EVERYINCH.COM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of EVERYINCH.COM, including any EVERYINCH.COM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- Accounts, Passwords and Security
- Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential.
- You agree to notify EVERYINCH.COM immediately of any unauthorized use of your account or password, or any other breach of security. You acknowledge and agree that you may be held liable for losses incurred by EVERYINCH.COM or any other user of or visitor to the Site due to someone else using your EVERYINCH.COM username, password or account as a result of your failing to keep your account information secure and confidential.
- You agree not use anyone else’s EVERYINCH.COM username, password or account at any time without the express permission and consent of the holder of that EVERYINCH.COM username, password or account. EVERYINCH.COM cannot and will not be liable for any losses or damages arising from your failure to comply with these obligations.
- You agree that all payments made on the Site are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you agree to promptly contact a customer service representative at [insert link or email address]. If you choose to purchase a subscription for a service on the Site, you agree that no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription.
- If you select an automatic renewal option or checkbox during the payment process for a subscription, EVERYINCH.COM will automatically renew your subscription for the service on the date such subscriptions expire. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log into the Site and follow the directions contained on the “Account Settings” page.
- You acknowledge and agree that EVERYINCH.COM does not review or pre-screen the contents of electronic data uploaded or posted to the Site by you (“Your Content”), and EVERYINCH.COM claims no intellectual property rights with respect to Your Content. You represent and warrant that (a) none of Your Content shall violate any applicable law or be offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful, (b) none of Your Content posted to the Site shall contain any nudity, or partial nudity with sexual implications, and (c) you own or otherwise control all of the rights to Your Content and that use of Your Content by other users of the Site will not infringe upon or violate the rights of any third party.
- EVERYINCH.COM supports copyrights and we take all allegations of copyright violation very seriously. To that end, if you believe that any content made available on the Site in violation of your intellectual property rights, you are encouraged to notify us immediately.
- Subscriptions to Services; Other Terms and Conditions
- Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under EVERYINCH.COM’s control, and EVERYINCH.COM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
EVERYINCH.COM DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EVERYINCH.COM CANNOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EVERYINCH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERYINCH.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EVERYINCH.COM SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND OPINIONS EXPRESSED IN THIRD PARTY FEEDBACK OR COMMENTS PUBLISHED TO THE SITE, IF ANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EVERYINCH.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. EVERYINCH.COM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Liability
You agree to indemnify and hold EVERYINCH.COM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal expenses), made against EVERYINCH.COM by any third party due to or arising out of or in connection with your use of the Site.
- EVERYINCH.COM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EVERYINCH.COM’s rights or property, or the rights or property of visitors to or users of the Site, including EVERYINCH.COM’s customers. EVERYINCH.COM reserves the right at all times to disclose any information that EVERYINCH.COM deems necessary to comply with any applicable law, regulation, legal process or governmental request. EVERYINCH.COM also may disclose your information when EVERYINCH.COM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
- Governing Law; Dispute Resolution
- You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflicts of laws provisions. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal expenses. In the event of any controversy or dispute between EVERYINCH.COM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
- If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator will be appointed by agreement between the parties or, in default of agreement, such arbitrator will be appointed by an Ontario Judge of The Superior Court of Justice upon application of any of the said parties. A Judge of The Superior Court of Ontario shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Ottawa, Ontario. The procedure to be followed will be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitration will proceed in accordance with the provisions of Arbitration Act, 1991 (Ontario). The arbitrator will have the power to proceed with the arbitration and to deliver the award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Nothing in this section will prevent either party from seeking injunctive relief from a court of competent jurisdiction.
- Void Where Prohibited
EVERYINCH.COM reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. If you choose to access the Site from outside of Canada, you do agree to so on your own initiative, and you are solely responsible for complying with applicable local laws.
- Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. EVERYINCH.COM shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
Version 1.01 – March 2016