Terms and Conditions

MEDICAL DISCLAIMER

EverBlume, LLC ("Company," "we", or "us") is a web-based, online information-sharing and connection platform that seeks to provide opportunities for like-minded people to find each other and form connections. We also facilitate the sharing of information that improves the general public's understanding of addiction, sobriety, sober living, and related information and provide support for those on their sobriety journey.

We make a variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, photographs, information, videos, data, and other materials (collectively, "Content") available on or through our Website (joineverblume.com) (the "Website"). We also provide programs, events, communications, coaching services, surveys, and related social media and marketing activities (the "Services"). Some of the Content is provided by the Company or its affiliates, partners, and suppliers, and other Content is provided by users. The Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, notably, within any forums or community-type features. Our Content is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. All Content and Services are provided for general educational and informational purposes only.

The Company does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, the Company will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

You use our services at your own risk. There is no guarantee that using our services will result in successful treatment, journey to sobriety, or prolonged sobriety, nor that connecting you with our staff members, volunteers, or experts will do the same.

The Company does not provide medical advice. The personnel of the Company is not licensed medical professionals. Do not ask the Company for- or rely on- anything we communicate as medical advice. Although our services may contain articles on medical topics, we make no warranty whatsoever that any articles are accurate. even if a statement we make about a health or medical issue is accurate, it may not apply to you or a person in your care's symptoms.

The Content on our Website, including health or medical information, is, at best, general and does not and is not meant to be a substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, therapist, psychologist, psychiatrist, or other healthcare provider), and should not be used to diagnose or treat any kind of disease, illness or symptom. We cannot and do not take any responsibility for the results or consequences of any attempt to use or adopt any of the Content on our Website. You should not interpret anything in our Content or Services or on our Website as an attempt to offer or render a medical or healthcare opinion or otherwise engage in the practice of medicine or therapy.

As a reminder, treatment-related decisions regarding actual medical diseases, illnesses, and symptoms are best made in direct collaboration with a well-informed, licensed medical or therapeutic professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you or someone in your care may have a medical emergency, call your doctor or 911 immediately. The Company and its employees, volunteers, contractors, and contributors should not be contacted with the expectation that they can or will respond to any actual emergency.

We do not endorse or guarantee any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Company, our employees, or others appearing in our Services for or on behalf of the Company is solely at your own risk. No claims, representations, or warranties, expressed or implied, are made regarding the safety, reliability, and performance of any tests, products, or services.

For clarity, the services are not a substitute for medical wellness or treatment. Our coaches are expressly prohibited from providing medical advice diagnoses, treatments, medications, or other services that are completed by a medical professional. Requests for such advice and guidance are in violation of our terms of use agreement and may result in the suspension or termination of your services.

‍PRIVACY POLICY

EverBlume, LLC ("Company," "we," or "us") respects your privacy and is committed to protecting it through this Privacy Policy.This Privacy Policy governs your access to and use of joineverblume.com, including any content, functionality, and services offered on or through joineverblume.com (the "Website"), whether as a guest or a registered user.

When accessing the Website, the Company will learn certain information about you automatically, and through voluntary actions, you may take during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

CHILDREN UNDER THE AGE OF 18

Our Website is not intended for children under 18 years of age. No one under the age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@joineverblume.com

INFORMATION WE COLLECT ABOUT YOU

When you access the Website, the Company will learn certain information about you during your visit.

Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or Service via the Website.

We use the information you provide to us to deliver the requested product and/or Service, to improve our overall performance, and to provide you with offers, promotions, and information.

Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies, including Google Analytics, to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

USE OF COOKIES AND PIXELS

Similar to other commercial websites, our Website utilizes a standard technology called "cookies" and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

A cookie is a very small text document, which often includes a unique anonymous identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

THIRD-PARTY USE OF COOKIES

Some content or applications, including advertisements, on the Website, are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted Content.

We do not control these third parties tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted Content, you should contact the responsible provider directly.

EMAIL INFORMATION

If you choose to correspond with us through email, we may retain the Content of your email messages, your email address, and our responses. We provide the same protections for these electronic communications that we employ to maintain information received online, by mail, and by telephone. This also applies when you register for our Website, sign up through any of our forms using your email address or make a purchase on this site. For further information, see the email policies below.

EMAIL POLICIES

We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties and will not disclose your email address to any third parties except as allowed in the Disclosure of Your Information section.

We will maintain the information you send via email per applicable federal law.

In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on contacting the sender. In addition, all email messages will also contain concise information on removing yourself from our mailing list so that you receive no further email communication from us.

Our emails allow users to opt out of receiving communications from our partners and us by reading the unsubscribe instructions at the bottom of any email they receive from us at any time.

Users who no longer wish to receive our newsletter or promotional materials may opt out of receiving these communications by clicking on the unsubscribe link in the email.

HOW AND WHY WE COLLECT INFORMATION

The Company collects your information to record and support your participation in your selected activities. We collect your information if you register to download a book or resources, sign up for our newsletter, and/or purchase a product from us. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. Only when you seek to download resources and/or register for services are you required to provide information.

If you opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. You can unsubscribe anytime if you do not wish to receive this newsletter. We include an "unsubscribe" link at the bottom of every email we send. If you ever have trouble unsubscribing, email info@joineverblume.com requesting to unsubscribe from future emails.

HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, and carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

From time to time, we may use the information you provide to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Third parties will receive your information if you opt to participate in such promotions.

From time to time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

DISCLOSURE OF YOUR INFORMATION

Generally, we do not sell, rent, lease, or otherwise transfer any information collected, whether automatically or through your voluntary action.

We may disclose your personal information to our subsidiaries, affiliates, and service providers to provide our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of Service or any other agreement between you and the Company.

We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets and/or business.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

HOW DO WE PROTECT YOUR INFORMATION AND SECURE INFORMATION TRANSMISSIONS?

We employ commercially reasonable methods to ensure the security of the information you provide and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.

The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this Service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage.

POLICY CHANGES

Our policy is to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active, and deliverable email address for you and for periodically visiting our Website and this privacy policy to check for any changes.

VISITOR'S GDPR RIGHTS

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain any information you choose to provide to us until the earlier of:

You asking us to delete the information.
Our decision is to cease using our existing data providers.
The Company decides that the value of retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the right to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the Company's processing of your personal data, you have the right to withdraw that consent at any time without affecting the lawfulness of processing based upon consent that occurred before your withdrawal of consent.

You have the right to complain with a supervisory authority with jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

SUBSCRIPTION SERVICES AGREEMENT

This Subscription Service Agreement is made and entered into on the day of registration ("Start Date") between you and EverBlume, LLC ("EverBlume," "we," "our"), a Delaware limited liability company. EverBlume and Client are together referred to herein as the "Parties," or each may be referred to individually as a "Party."

1. THE SERVICES

EverBlume offers a variety of subscription services. These subscription services, together with any and all information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, photographs, information, videos, data, and other materials (collectively, "Content") which is provided or made available on our Website, TheLuckiest.com (the "Website") shall be referred to as the "Services." You may change your level of Services at any time in your online "User Profile" in the upper right of the membership site.

If you purchase a subscription to the Services, you will receive access to EverBlume staff and employees ("Coaches") and other members of the EverBlume community via online, unrecorded and meetings"). ‍

2. YOUR ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTIES

By purchasing the Services, you represent and warrant that you:

have read this Agreement in its entirety and that you agree to be bound by this Agreement in its entirety;
you have presented any and all questions about this Agreement to EverBlume, and that they have been sufficiently answered before you have entered into this Agreement;
have read our Privacy Policy, which is incorporated herein by reference, in its entirety, and that you understand and agree to such policy in its entirety;
have read our Terms of Use Agreement, which is incorporated herein by reference, in its entirety, and that you understand and agree to such policy in its entirety;
have read our full Medical Disclaimer, which is incorporated herein by reference, in its entirety, and that you understand and agree to such disclaimer in its entirety;
in the event of a conflict between this Agreement and any of the documents incorporated herein by writing, this document shall prevail as it relates to the use and purchase of the paid Services;
you are purchasing the Services freely and that you understand that the Services are provided as-is by EverBlume without guarantee or warranty of any performance results;
understand that EverBlume will utilize suitable methodologies in accordance with your general needs and in accordance with its Coaches' training, but that the Services are not a one-size-fits-all solution and that they may not be adequate or appropriate for your needs or desires;
understand the nature of the scope of the Services and that one's journey and commitment to a sober lifestyle is personal;
have or will be evaluated by your physician and obtain medical clearance before using the Services or starting any fitness, exercise, diet, health, or wellness-related program in connection with the Services and that you will continue under the care and guidance of a physician or such other medical or mental health professionals as may be required;
understand that the Services may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences and that you agree that you are aware of such risks and assume such risks by way of purchasing the Services;
understand that the Services may not be suitable for all persons and all fitness levels and that you may need to modify the Services for your health and lifestyle; and
Further, you acknowledge and understand that, acknowledge and agree that, if at any point during Services, EverBlume in its sole reasonable discretion, believes that you need medical treatment or other services that EverBlume or its Coaches cannot provide, EverBlume may advise you of such concerns. You have the right to disregard to EverBlume's concern; however, you may be asked to cease the use of Services and the Website until such treatment can be provided. If you disregard EverBlume's concern and continue using the Services and the Website, you may be asked to sign a waiver memorializing your decision.

3. CONFIDENTIALITY

The Parties acknowledge and agree that, in the course of performing or receiving the Services, the Parties may have access to or receive certain confidential information ("Confidential Information"). Confidential information includes, but is not limited to, any and all Content provided or made available by way of the Services or the Website, the Content and recordings of any and all calls, meetings, or gatherings, the personal data of registered members of our Website, subgroups, and our community, questions and answers received from, sent to, or provided by EverBlume in connection with its Services and the Website, coaching sessions, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with EverBlume, plans or outlines for future programs or packages and/or all documentation and information supplied by the disclosing Party, in any format, whether marked confidential or which by the type of information or manner of disclosure would reasonably indicate the proprietary or confidential nature thereof. Confidential information does not include information which:

Is known to the receiving Party at the time of disclosure by disclosing Party.
Has become publicly known through no wrongful act of receiving Party.
Has been rightfully received by receiving Party from a third party who is authorized to make such disclosure.
Has been independently developed by receiving Party without reliance upon any of disclosing Party's Confidential Information.
Or has been licensed or received by receiving Party for use or aggregation as provided in this Agreement.

For clarity, in no event are you permitted to record any calls, meetings, or coaching sessions. You acknowledge and understand that such activity would be a material breach of this Agreement and our Terms of Use and be subject to action up to and including immediate termination or cancellation of the Services, your account on our Website, and may result in legal action against you by EverBlume.

The receiving Party of the Confidential Information agrees to use Confidential Information solely in connection with the Campaign and not to disclose such Confidential Information to any third party, or make commercial use of such Confidential Information, except as permitted under applicable law. The receiving Party agrees to take all precautions necessary to safeguard the Confidential Information in the receiving Party's custody or control. The receiving Party shall disclose the disclosing Party's Confidential Information to any other person or entity without the prior express authorization of EverBlume. Because each Party will have access to and become acquainted with the Confidential Information of the other Party, each Party agrees that its breach of this section will result in irreparable harm to the other Party and that the disclosing Party will have the right to enforce these Terms by injunction, specific performance or other equitable relief without prejudice to any other rights and remedies that the enforcing Party may have.

The Parties agree that the responsibility to refrain from disclosing or sharing Confidential Information EverBlume shall continue in perpetuity and survive the expiration or termination of this Agreement and Coaches services.

4. PAYMENT AND BILLING; RENEWAL AND AUTO-RENEWAL

A. General. You are required to render payment in full for the duration of the subscription of the Services via the electronic payment methods utilized by EverBlume. It is your responsibility to maintain your payment information that is on file. If payment fails, your Services shall immediately be suspended until payment is rectified. For clarity, if you purchase a monthly subscription to the Services, you will be required to remit payment monthly. If you purchase an annual subscription to the Service, you must pay for the full yearly subscription upfront. Notwithstanding the preceding, if you have scheduled the remittance of payments monthly, you may change the cadence of your billing to an annual cadence at any time; however, such change shall take effect at the start of the month following the month in which you made the change.

B. Taxes. All fees and payments stated herein are exclusive of all taxes and similar fees now in force or enacted in the future that may be imposed on the Services. You will pay any sales, use, VAT, or any other tax related to the Parties' performance of their obligations, including payment of fees or the exercise of their rights under this Agreement, exclusive of taxes based on EverBlume's net income. We will make all payments free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments by you hereunder will be your sole responsibility.

C. Autorenewal. We will automatically renew your subscription to the Services at our then-prevailing rates upon expiration of your subscription. Only credit cards are eligible for payment for subscriptions. It is your responsibility to update us and the purchase processor you have chosen to use in connection with your initial purchase if your payment information changes. Unless you notify us before a charge that you want to cancel or do not want to auto-renew, you understand your subscription will automatically renew, and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription price and any taxes, using any credit card we have on record for you.

5. CANCELATION AND TERMINATION

A. Cancellation Notice and Requests. You are solely and individually responsible for the initiation and completion of any cancellation requests. Cancellation requests must be submitted online via the provided cancellation mechanism set forth herein. You may cancel the Services by accessing your "Billing Information" in your Website User Profile. Cancellation instructions are provided on our Website for reference. If you cannot access your "Billing Information" or have additional questions, please contact us at info@joineverblume.com. We will respond to your inquiry as soon as possible; however, your cancellation will not be deemed effective until it has been submitted through the provided online cancellation mechanism.

Any 1:1 session canceled with less than 24 hours notice will not be eligible for a make-up session. There are no make-up sessions for group meetings. A NO-SHOW is assessed 15 minutes after the session's start time. Sessions can not be moved to future weeks or months if one is missed.

B. Termination. EverBlume may terminate the Services and this Agreement, effective immediately in the event that EverBlume determines, in its sole and reasonable discretion, that you have violated any of the provisions of this Agreement, our Terms of Use Agreement, our Privacy Policy, and any other policies or guidelines made available to you in connection with our Website and our Services. ‍

C. Effects of Termination or Cancellation. Upon termination or cancellation of the Services, access to your Services and your account will terminate at the end of your billing cycle. Payment for the Services is non-refundable. Under no circumstance shall EverBlume be obligated to remit payment to you regarding the cancellation or termination of the Services or this Agreement.

6. INDEMNIFICATION‍

In addition to any indemnification obligations included in any of the policies and other such documents incorporated herein by reference, You will indemnify and hold harmless EverBlume or its officers, directors, employees, volunteers, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way connected with (i) your access to or use of the Service and your direct or indirect participation in any programs, plans, or lifestyles suggested as part of the Services, (ii) and use or misuse of EverBlume's Content, (iii) your breach or alleged breach of any representations and warranties made by you hereunder or your violation of any other provision of this Agreement, (iv) your violation of any law or the rights of a third-party, (v) property damage, personal or physical injury, or death. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.‍

7. LIMITATION OF LIABILITY‍

Use of the Content and services is at your own risk.

Everblume and its vendors, licensors, employees, representatives, volunteers, staff, and partners have no liability whatsoever for your use or reliance on any product or Service you use to encounter on the Website or in any services. In particular, but without limitation, you agree that EverBlume and its vendors, licensors, employees, representatives, volunteers, staff, and partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, business interruption, loss of information or data, failure to obtain or maintain sobriety or a sober lifestyle, to accomplish any goals, a failure to receive medical treatment or any other action or omission of behavior following any information or advice found on our Website, community features, in our Content, or any EverBlume service, whether based on a breach of Contract, breach of warranty, tort, product liability or otherwise. our services would not be provided without these limitations and if you do not agree to these limitations, please do not use the services on our Website. No advice or information you obtain from us through the services or in support of the services shall create any warranty, representation, or guarantee not expressly stated in these terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you. Notwithstanding the preceding, in the event that EverBlume is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever (except for a violation by EverBlume of our privacy law) and regardless of the form of action will at all times be limited to the amount that you, if anything, to EverBlume with respect to your individual use of the Service in question. In addition, you expressly agree and acknowledge that EverBlume is not liable for the Content submitted by any other use or any defamatory, offensive, or illegal conduct of a third party.

The Website, services, and Content are provided on an "as is" basis. Everblume, to the fullest extent permitted by law, disclaims all warranties, either express or implied statutory or otherwise, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Specifically, EverBlume makes no representations or warranties about the following:

The accuracy, reliability, completeness, correctness, or timeliness of the context, text, graphics, links, recommendations, or communications provided on or through the use of the Website or services.
The accuracy, reliability, completeness, correctness, or timeliness of the content text, graphics, links, recommendations, or communications provided on or through the use of the Website or services.
The accuracy, completeness, or correctness, timeliness, or usefulness of any opinions, advice, services, or any other information provided through the Website or services.
The services will be interrupted or free of errors, viruses, or other harmful components

In no event will EverBlume, its officers, directors, employees, volunteers, representatives, affiliates, agents, attorneys, representatives, vendors, licensors, or partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Website, the services, and any content. You will hold EverBlume, its officer, directors, employees, volunteers, representatives, affiliates, agents, attorneys, representatives, vendors, licensors, and partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Website, the services, and any content.‍

8. DISPUTE RESOLUTION AND ARBITRATION

A. Dispute Resolution. Should a dispute arise between you and EverBlume, the Parties agree to work in good faith to resolve the dispute informally without the involvement of legally binding third parties. The client agrees that failure to see or maintain desired results is not a basis for a "dispute."

B. Arbitration. If unable to resolve informally, the Parties agree the dispute will be submitted for arbitration as outlined in this document within a reasonable amount of time of the issue giving rise to the dispute. We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually.

C. Applicability. You agree that any dispute or claim relating in any way to your access or use of the Website, mobile apps, and Service, or to any aspect of your relationship with EverBlume, will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.‍

D. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Section. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to EverBlume. The American Arbitration Association will conduct the arbitration an established alternative dispute resolution provider. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.‍

E. Authority of the Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this section and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this section, including, but not limited to, any claim that all or any part of this Section is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and EverBlume. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including this section). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including calculating any damages awarded. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

F. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

G. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR MEMBER. Suppose a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief. In that case, the claim must be severed from the arbitration and brought into the federal or state court located in Boston, Massachusetts. All other claims shall be arbitrated.

‍9. GENERAL

A. No Agency‍

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EverBlume due to these Terms or use of the Website or the Services.‍

B. Assignment‍

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without the Company's prior written consent but may be assigned by EverBlume without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto and their permitted successors, heirs, and assigns.‍

C. Complete Agreement

‍These Terms, together with the documents incorporated herein by reference, constitute the entire Agreement between you and EverBlume with respect to the use of the Website, the Services, and any Content. Your use of the Website is also subject to EverBlume's Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations which may be provided from time to time are for convenience only. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. EverBlume's vendors, licensors, and business partners shall be third-party beneficiaries of these Terms with the right to enforce them. We shall be excused for any problem due to circumstances beyond our reasonable control.‍

D. Modifications and Amendments‍

The Parties understand and acknowledge that the Contract may be amended in writing and dually executed by the Parties.‍

E. Survival‍

The following provisions survive the expiration or termination of these Terms for any reason whatsoever: limitation of liability, any and all disclaimers and disclaimers of warranties, indemnification, user submissions, jurisdiction, arbitration agreement, and Complete Agreement.‍

TERMS OF USE AGREEMENT

1. Key Tenets. Members of the Community shall abide by the following tenets.

Responsibility: You are responsible for what you post in the Private Group Forums and your responses to other members in those Forums. Please respect that others may hold beliefs and perspectives that differ from yours, and take responsibility for the energy you bring into the community. We are a sobriety-focused community. Posts promoting moderation will be removed as they may negatively impact another member's sobriety. Every community member must comply with these Terms, our Privacy Policy, and the other policies and guidelines posted on our Website or otherwise made available by EverBlume.

Tolerance: There are many paths to sobriety, and this space has been created to be inclusive of all recovery modalities. Practice tolerance and understand that your method of recovery may or may be different from what others in the community choose to follow.

Inclusivity: EverBlume is open to anyone who wants to get and stay sober.

Respect and Purpose: EverBlume's purpose is to support the connection and growth of individuals' recovery. Remember that everyone here is seeking connection and recovery support. We expect community members to treat one another with respect at all times. With this in mind, please do not debate overtly controversial topics unrelated to recovery while participating in the Forums. You may have to agree to disagree. To promote and maintain the purpose of EverBlume, posts that promote political party/affiliation, religious, or legal debates will be immediately removed. Decisions about sobriety and recovery are deeply personal, individual choices. Bullying, harassing, name-calling, insulting, or posts that are disrespectful to another member, EverBlume staff, representatives, partners, or any recovery modality will not be tolerated and, subject to EverBlume's sole discretion, you will be immediately removed from the Private Group Forums, and your membership revoked. Do not post anything that a reasonable person would consider to be abusive. Hate speech, racism, misogyny, and homophobia will not be tolerated. One strike, and you're out. If you have a dispute with another member, we hope you can work it out amicably. However, if you cannot, please understand that EverBlume is not responsible for the actions of its members; each member is responsible for their actions and behavior to the maximum extent permitted by applicable law; you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party."‍

Anonymity, Privacy, and Confidentiality: Do not reveal personal information, community Content, or any other information shared within the community to an external source. This includes the video, audio recordings, or chat transcripts from the meetings. Unauthorized distribution of the items listed herein or which may otherwise impede or impact the privacy of community members or any particular individual violates the community guidelines, and your account will be immediately suspended at EverBlume's sole discretion.‍

Appropriateness: Our Private Group Forums serve as a community where our registered members can connect, promote, and support one another with their sobriety and their sober lifestyles and may only be used to promote such matters. Our Private Group Forums and our overall community is not a space to promote your personal work, business(es), or similar activities. This includes links to your business websites, blog posts or articles, or written offers of Service. While we value our members' work, we want this space to be, first and foremost, about support. EverBlume reserves the right to suspend or to permanently deactivate the accounts of any members who, in EverBlume's sole and reasonable judgment, is deemed to be advertising or promoting services or businesses on the Website or in its community. EverBlume further reserves the right to prevent the individual associated with an account deactivated in connection with this section from purchasing Services, creating additional accounts, or otherwise participating in the in the future community.

Further, the Private Group Forums are not to be used to seek or offer medical, therapeutic, or psychiatric advice. Members should refrain from recommending medications, home remedies, or other medical or therapeutic suggestions. All individuals should consult with a medical professional outside of the member forum for guidance as it relates to their physical and mental health. If you are a licensed medical provider, please remember that the forum's purpose is to provide peer support only, and you are expressly prohibited from giving medical guidance or support on our Website or through our community or Services. If EverBlume learns that you are providing, what in EverBlume's sole and reasonable judgment, is deemed to be medical recommendations, guidance, or advice on its Website or to members of its community, it may immediately suspend or to permanently deactivate the associated account associated with such member. EverBlume further reserves the right to prevent the individual associated with an account deactivated in connection with this section from purchasing Services, creating additional accounts, or otherwise participating in the in the future community. For more information, our Medical Disclaimer is included in these Terms.

2. General Rules Applicable to Our Website and Services

In addition to the prohibited content rules set forth herein, you agree that your use of the Services and conduct on the Website at all times shall be lawful and will not:

be in violation of these Terms, any policies or such other documents included herein by reference, any applicable local, state, federal, or international law, rule or regulation, or the rules of conduct posted concerning any individual feature of the Services;

A. Trick, defraud or mislead EverBlume or other users, especially in any attempt to learn sensitive account information such as passwords; make improper use of EverBlume's support services or submit false reports of abuse or misconduct; disparage, tarnish, or otherwise harm EverBlume and/or the Service; disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices; copy or adapt the Services' software, if any, including but not limited to Flash, PHP, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;

except as may be the result of the standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software; cover or obscure any notice, banner, advertisement, or another branding on the Services; interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services; and violate any confidentiality provisions to which you may be subject by the Subscription Agreement and related transactional paperwork executed by EverBlume.

EverBlume reserves the right to (a) suspend or to permanently deactivate the accounts of any members who, in EverBlume's sole and reasonable judgment, are deemed to have violated these rules and to (b) prevent non-members, who, in EverBlume's sole and reasonable judgment, is deemed to have violated these rules from joining the community, registering on the Website, and using or purchasing the Services. EverBlume further reserves the right to prevent the individual associated with an account deactivated in connection with this section from purchasing Services, creating additional accounts, or otherwise participating in the in the future community.

Further, EverBlume has the unilateral right to cancel the Services at any time at our discretion for any reason or no reason. Without limiting the generality of the preceding, you specifically acknowledge that EverBlume has the right to terminate or suspend your account if we determine, at our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users' experiences.‍

B. Termination

‍EverBlume may terminate these Terms and your access to the Website and the Services as outlined in the applicable Subscription Agreement or transactional paperwork executed by you and/or EverBlume.

C. ‍Indemnification

If someone brings a claim against EverBlume (whether against the Company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys' fees as well as damages.

D. LImitation of liability/disclaimer of warranties

Use of the Website, Content, and services is at your own risk.

Everblume and its vendors, licensors, employees, representatives, volunteers, staff, and partners have no liability whatsoever for your use or reliance on any product or Service you use or encounter on the Website or in any services. in particular, but without limitation, you are agreeing that Everblume and its vendors, licensors, employees, representatives, volunteers, staff, and partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, failure to obtain or maintain sobriety or a sober lifestyle, to accomplish any goals, a failure to receive medical treatment or any other action or omission of behavior following any information or advice found on our Website, community features, in our Content, or any Everblume service, whether based on breach of Contract, breach of warranty, tort, product liability or otherwise. our services would not be provided without these limitations, and if you do not agree to these limitations, please do not use the services or our Website. No advice or information you obtain from us through the services or in support of the services shall create any warranty, representation, or guarantee not expressly stated in these terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the preceding, in the event that Wverblume is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever (except for a violation by Everblume of our privacy law) and regardless of the form of action will at all times be limited to the amount that you paid, if anything, to Everblume during any twelve-month period concerning your individual use of the Service in question. In addition, you specifically agree and acknowledge that Everblume is not liable for the Content submitted by any other user or any defamatory, offensive, or illegal conduct of a third party.

The Website, services, and Content are provided on an "as is" basis. The Company.

Where permitted under applicable law, any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.

E. Dispute Resolution

The Company seeks to resolve any issues that may arise with you quickly. If you have a dispute with EverBlume, you agree to contact us and try to resolve the dispute informally before pursuing other avenues. You may contact us regarding any complaints or disputes in the "Contact us" section below in these Terms.

F. Modification of These Terms

EverBlume reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on the Website, through its Services, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the email address you provided upon registration or as is otherwise associated with your account at the time of such notification. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the last revision date at the beginning of the Terms. If you are dissatisfied with free, optional, or complementary Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services. If you are dissatisfied with purchased Services, your remedies and rights shall be governed by the Terms and Conditions effective as of the date of purchase of such Services or as otherwise mutually agreed by the parties in writing.

3. General

A. Use and Access Restrictions

EverBlume operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or countries. If you access the Website, Content, or Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You represent and warrant that you are not located in a country that is (i) subject to a U.S., Irish, or EU Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country or (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

B. No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EverBlume due to these Terms or use of the Website or the Services.

C. Assignment

D. Complete Agreement

These Terms, together with the documents incorporated herein by reference, constitute the entire Agreement between you and EverBlume with respect to the use of the Website, the Services, and any Content. Your use of the Website is also subject to EverBlume's Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations which may be provided from time to time are for convenience only. No waiver of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. EverBlume's vendors, licensors and business partners shall be third-party beneficiaries of these Terms with the right to enforce them. We shall be excused for any problem due to circumstances beyond our reasonable control.

E. Survival

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