Terms of Service (continued 4)

Effective Date: June 22, 2012

12. Termination

12.1 Termination: You agree that, under certain circumstances and without prior notice, EverTech may suspend or terminate your use of the Web Site or EverTech Service, including without limitation, if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. You acknowledge and agree that all suspensions and terminations shall be made in the sole discretion of EverTech and that EverTech shall not be liable to you or any other party for the termination of your access to the Web Site.

12.2 Survival: Notwithstanding Section 11.1 above, these TOS will survive indefinitely unless and until EverTech chooses to terminate them.

12.3 Effect of Termination: If you or EverTech terminates your use of the Web Site or the EverTech Service, EverTech may delete any Content or other materials relating to your use of the EverTech Service on EverTech's servers or otherwise in its possession and EverTech will have no liability to you or any third party for doing so.

13. Notice: All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to EverTech LLC, you must use the following addresses: 180 South Street, Suite 103, New Providence, NJ 07974. If EverTech provides notice to you, EverTech will use the contact information provided by you to EverTech. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

14. Dispute Resolution All disputes arising out of, relating to or connected with these TOS or your use of any part of the EverTech Service will be exclusively resolved under confidential binding arbitration held in Union County, New Jersey before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New Jersey law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Union County, New Jersey. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and New Jersey State courts in Union County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the EverTech Service must be asserted individually. Notwithstanding anything to the contrary in this Section 14, EverTech may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

15. Notification of Claims of Infringement: EverTech respects the intellectual property of others, and we ask our users to do the same. EverTech may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@EverTech.net and provide EverTech's copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Web Site where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EverTech's agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

16. Miscellaneous These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of EverTech. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and EverTech are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. If you have questions or concerns regarding these TOS, you should contact EverTech by e-mailing info@EverTech.net and writing "Terms of Use" in the subject line. You may also write to EverTech at 180 South Street, Suite 103, New Providence, NJ 07974.  


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