Effective Date: January 1, 2024
1. Introduction
Welcome to Everlast Gates (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website, everlastgates.com (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
2. Use of the Site
2.1 Eligibility
You must be at least 18 years of age to use the Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions herein.
2.2 License to Use the Site
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site for your personal and commercial use, subject to these Terms. You agree not to use the Site for any other purpose.
2.3 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
• Violating any applicable laws or regulations.
• Engaging in unauthorized framing of or linking to the Site.
• Using the Site to advertise or offer to sell goods and services.
• Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
• Attempting to impersonate another user or person or using the username of another user.
• Using any information obtained from the Site in order to harass, abuse, or harm another person.
• Using the Site in a manner inconsistent with any applicable laws or regulations.
3. User Content
3.1 Your Responsibilities
You are solely responsible for any content that you create, post, or share on the Site (“User Content”). You represent and warrant that your User Content does not violate any applicable laws or infringe any third-party rights.
3.2 License to User Content
By posting User Content on the Site, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, publish, translate, distribute, perform, and display such User Content in any media formats and through any media channels.
3.3 Monitoring and Enforcement
We reserve the right, but not the obligation, to monitor the Site and User Content. We may remove or disable access to any User Content at any time and for any reason, including if we determine that the User Content violates these Terms.
4. Intellectual Property Rights
4.1 Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Trademarks
The Everlast Gates name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Everlast Gates or its affiliates or licensors. You must not use such marks without the prior written permission of Everlast Gates.
5. Disclaimers and Limitation of Liability
5.1 Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation or availability of the Site. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Everlast Gates, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Site; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we are advised of the possibility of such damages.
6. Indemnification
You agree to defend, indemnify, and hold harmless Everlast Gates, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
7. Governing Law and Dispute Resolution
7.1 Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.
7.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Insert City], [Insert State]. Each party shall bear its own costs and expenses of such arbitration, and an equal share of the arbitrator’s fees, unless otherwise provided by law.
8. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on the Site. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
9. Contact Us
If you have any questions about these Terms, please contact us at:
Everlast Gates
Dallas
1430 Regal Row Suite 300C
Dallas, TX 75247
Fort Worth
6850 Manhattan Blvd Suite 300-16
Dallas, TX 75247
Fort Worth, TX 76120
By using the Site, you acknowledge that you have read these Terms and agree to be bound by them. Thank you for using Everlast Gates.