Updated February 22, 2020
Terms of Service
Welcome to Evander + Louise and thank you for visiting our site. These terms or service (the “Terms”) are entered into by and between you and Explore Media Group, LLC (“The Company”) and together with any other documents expressly incorporated by reference, govern your access to and use of evanderandlouise.com (the “Site), our subscription membership program (the “Membership”) and any related social media accounts, content, information, features, tools, resources, online offerings, applications, and other products and services produced, maintained, distributed, or provided the Company, whether as a guest or a registered user (collectively, the “Services”).
Evander + Louise provides information about and commentary on restaurants and bars, attractions, things to do, places to stay, and more, through our Site. Additionally, we provide access to deals, discounts, events, and giveaways to individuals who subscribe to our paid Membership program.
THIS IS A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. PLEASE READ THE FOLLOWING CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS YOU CAN’T USE THE SERVICES.
CHANGES TO TERMS
We may change these Terms at any time at our sole discretion. If a change is material, we will let you know before it takes effect. By using the Services on or after the effective date, you agree to the new Terms. If you don’t agree to them, you should stop using the Services before they take effect, otherwise your use will be subject to the new Terms.
CHANGES TO SERVICES AND FEATURES
The Services may change over time as we add more features. We may also modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you.
The communications between you and The Company use electronic means, whether you visit the Services or send The Company emails, or whether The Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that The Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
SERVICES TO YOUR MOBILE DEVICE
The Services include certain services that are available via a mobile device, including (i) the ability to browse the Services and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device, and the ability to receive messages and updates on your mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding The Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
CONDITIONS FOR USE
Age. You must be thirteen years of age to use the Services, with or without registering. You must be eighteen to join our Membership (as defined below).
User Conduct. In addition, you agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Services; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any “robot,” ‘spider,” “rover,” ‘scraper” or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Services, our network or databases; or (h) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed, including advertising and promotional purposes without any compensation to you. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Submissions.
We offer certain benefits to individuals who subscribe to our paid annual Membership program. To learn more about Membership including current member benefits, a list of participating businesses, events, giveaways, the cost of membership, and more please visit evanderandlouise.com/membership.
Use and Membership Rules. Upon signup and payment you will receive a link to your mobile membership card which must be added to the mobile wallet application on your phone in order to be used. We are not issuing plastic membership cards or any other form of member identification at this time. The only way to use the Membership is via mobile wallet. We request that you please show you membership card at the beginning of service to ensure the best experience.
When using your Membership the following rule and apply:
- You must be at least eighteen to become a Member
- You must be present to use your Membership. Your mobile membership card will include your name and other identifying information and cannot be used by anyone else. You will be required to provide valid identification along with your mobile membership card whenever you use it. This is done to prevent sharing and counterift.
- Making copies of your mobile Membership card or sharing your mobile membership card with others is strictly prohibited and grounds for immediate termination of your Membership and possible legal action.
- Discounts and Member Deals available are not valid in combination with any other offers, including (but not limited to) other coupons, promotions, discounts, or specials unless explicitly stated otherwise by the Participating Business.
- Your Member Discount or Monthly Member Deal is valid for groups up to six people when included on a single bill. The Participating Business is not required to offer the discount to parties exceeding six people or on bills that are divided for separate payment. Only those who are individual Members will be allowed to receive their discount when the bill is split.
- Some of the Membership benefits, including but not limited to event access, are of a limited nature and are offered to members on a first-come, first-serve basis.
- We reserve the right to accept or refuse Membership at our discretion.
Billing and Renewals. To sign up for Membership you will be required to enter your credit card information (or other payment instrument) and billing address. This information is used solely for billing purposes and is not seen or stored by The Company. Your credit card information and billing address is securely transmitted to and stored with our online payment processor (Stripe) and is not made available to The Company. You represent and warrant to The Company that such information is true and that you are authorized to use the payment instrument.
Membership lasts for one year from the date of sign-up and shall automatically renew for successive periods of one year unless cancelled in advance prior to auto-renewal. The annual Membership fee is non-refundable except as expressly set forth in these Terms.
When you subscribe to our Membership your credit card will be charged at the time of purchase including any applicable taxes. You agree to pay The Company the amount that is specified in accordance with the terms of such plan and these Terms. You hereby authorize The Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let The Company know within thirty (30) days after the date that The Company charges you.
If all eligible payment methods we have on file for you are declined for payment at the time of renewal your membership will be canceled and your mobile membership card will be marked “expired”. You will also forfeit any Membership status or point that may have accumulated. If you would like to become a member at any point after that you will need to sign up again. If you have any questions, issues, or disputes regarding a cancellation for non payment, please send an email to firstname.lastname@example.org.
We reserve the right to change the cost Membership. If we do change the cost, we will provide notice of the change on the Site and via email to the email address on file, at least 30 days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Cancellation of Membership. You may cancel your Membership at any time by emailing your request to email@example.com. The Company will not refund any membership fees you have already paid.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Modification and Changes to Membership. We may, from time to time, introduce different Membership benefits or tiers, the fees for which may vary. Membership benefits may change over time as we operate and grow the Membership. We reserve the right to modify, suspend or discontinue (temporarily or permanently), any certain Membership benefits with prior notice to you. We will notify you via email, direct message through your mobile membership card, or through other reasonable means, of any material changes to your Membership.
Termination of Membership. We may terminate your Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your Membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
OWNERSHIP AND USE
The Company and its suppliers own all rights, title and interest in the Services, with the exception of User Submissions as described herein. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, The Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update, or other addition to the Services shall be subject to this Agreement. The Company, its suppliers and service providers reserve all rights not granted in this Agreement.
The Company’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of The Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
The rights granted to you by these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of The Company; (c) you shall not use any metatags or other “hidden text” using The Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by The Company pursuant to the Terms.
We respect the intellectual property of others, and we ask our users and members to do the same. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please let us know.
You agree that The Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if The Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms may be effected without prior notice, and acknowledge and agree that The Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that The Company will not be liable to you or any third party for any termination of your access to the Services.
We welcome your comments, questions, suggestions, and feedback about the Site or the Services (“Feedback”). You agree that your Feedback is provided at your own risk and that The Company has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to The Company the right to use any Feedback in any way at any time without any additional approval or compensation.
THIRD PARTY LINKS
The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. The Company does not control and is not responsible for Third-Party Links and the contents of Third-Party Links. The Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless The Company (and its directors, members, managers, officers, employees and agents, and any of them) from and against all claims, damages, loss, liability or expense of any kind, which is in any way connected with the services, and the Site, to the extent such arises or results from any negligent act, omission, breach of any duty or obligation, on the part of you or the breach by you of any covenant, representation or warranty contained in the Terms of Service. This indemnification includes, but is not limited to, any claims, damages, loss, liability or expense of any kind, including attorneys’ fees, which is in any way connected with the services, and the Site, and/or which is based upon a breach of any duty or obligation on the part of you and any of your agents or employees, even where you are not found to have committed a negligent act or omission. If the foregoing indemnity is made void or otherwise impaired by any law controlling the construction thereof, such indemnity shall be deemed to conform to the fullest indemnity permitted by law.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
You agree to and hereby release The Company, its directors, members, managers, officers, employees and agents, from and against any claim, demand, cause of action, debt or liability associated with your loss of data, business loss, Internet service interruptions or slowdowns in connection with the Site and Services. The Company’s liability to you, if any, for a breach of the Terms of Service shall be expressly limited to the amount of your payment, if any, for Services through the Site.
INTERNATIONAL USERS AND EXPORT CONTROLS
The Services are controlled, operated and administered by The Company in the United States of America. If you access the Services from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use The Company content accessed through the Site in any country or in any manner prohibited by any applicable laws, restriction or regulations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
DISPUTES GOVERNED BY NEW YORK LAW
You irrevocably consent that any action or proceeding relating to the Terms of Service shall be brought in any state or federal court of general jurisdiction in Albany, New York. The Terms of Service constitute the entire agreement between the parties, together with and any documents incorporated by reference as stated therein, and no other acceptance or acknowledgement or other condition will apply. The Terms of Service may be amended and changed by The Company at any time as noted above. If any provision of the Terms of Service becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, the Terms of Service shall continue in full force and effect without such provision. The validity, interpretation, construction and performance of the Terms of Service shall be governed by the laws of the State of New York without giving effect to choice of law or conflict of laws rules and principles.
If you or The Company commence an action for relief against the other, legal, equitable, declaratory or otherwise, arising out of or in connection with these Terms of Service including, without limitation, any action for the recovery of monies, the non-prevailing party shall pay the prevailing party its reasonable costs, fees and expenses incurred in connection with and in preparation for said action including, without limitation, court costs, reasonable attorneys’ fees, accountants and other experts, disbursements and interest. You agree that, in the event of a breach or alleged breach of the Terms of Service, The Company may not have an adequate remedy at law, including monetary damages, and that The Company may, in addition to other available rights and remedies, apply to any court of competent jurisdiction for specific performance and/or injunctive relief in order to enforce, or prevent any violation of, any of the provisions of the Terms of Service, without posting a bond or other security. Failure of The Company to enforce any of the provisions of the Terms of Service shall not constitute a waiver or limit any of The Company’s rights hereunder.
These Terms and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without The Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
QUESTIONS OR CONCERNS
Please contact us firstname.lastname@example.org