Terms and conditions

Terms and Conditions – Website Use

Your use of eversa.co websites (the “Website”) and their content is subject to these Terms and Conditions (the “Terms”), our Privacy Policy, and any other conditions, policies, and notices that may be posted on the Website. Please read these Terms before starting to use the Website.

User Acceptance of these Website Terms and Conditions The Website belongs to Eversa Inc. (“Eversa”, “we”, or “our”, as the context requires). Your use of the Website is subject to the following Terms.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THE TERMS, PLEASE DO NOT USE THE SITE.

The use of the Website is subject to the condition that you undertake not to use this Site for illegal, inappropriate, or prohibited purposes under these Terms.

From time to time, the Website Terms of Use may change, so it is important that you read them each time you use any of the Websites. Eversa will inform you of any changes made to the Terms.

The Terms must be modified through a written agreement signed by you and Eversa. The Site belongs to and is operated by Eversa, a company incorporated in Canada. Eversa reserves the right, at any time, to modify, change or update these Terms.

Property Rights

All elements of the Website, including but not limited to text, data, information, images, works, illustrations, audio and video clips, drawings, logos, graphics, interfaces or code, as well as the selection and arrangement of these elements (the “Content”), are protected by intellectual property rights owned and controlled either by Eversa or its affiliated companies and subsidiaries, or by third parties who have licensed their material to Eversa. Eversa authorizes you to print or download a single copy of the Content from this Website for your personal and non-commercial use only. The Content may not be republished, posted, transmitted, or distributed in any way without Eversa’s prior written consent, except as specifically authorized on this Website. Modifying the Content or using the Content for purposes other than your personal, non-commercial, institutional, or domestic use constitutes a violation of copyright and other intellectual property rights. The use of Content on any other website or networked computer is prohibited.

Everything you see or read on this Website is protected by copyright and moral rights, unless otherwise indicated, and may not be used without written permission from Eversa or the copyright and moral rights owners, except in accordance with these Terms and Conditions.

The trademarks, trade names, and logos (“the marks”) that you see on this Website constitute the registered and/or common law trademarks of Eversa, its affiliated companies and subsidiaries, or third parties who have granted permission to Eversa to use these marks.

Nothing on the Site grants a license or right to use the marks displayed on the Website without written permission from the trademark owner. Your misuse of the marks displayed on the Website or any other content on the Website is strictly prohibited.

Please refer to the intellectual property legend at the bottom of this document which identifies in detail the ownership of trademarks and copyrights relating to the Website or Eversa products.

Permitted Use of the Website

Eversa maintains this Website for your personal information and communications in exchange for the opportunity to present our products and services to you. If you accept these Terms, we authorize you to browse this Website for your personal and non-commercial use, and we thank you for your interest in our products and services.

Most computers automatically store website content in their temporary files when browsing these sites. Eversa authorizes you to download a copy of the Content to a computer for your personal and non-commercial domestic use only, provided that you do not remove or modify the legal notices, including but not limited to these Terms.

Prohibited Use of the Website

Except as expressly stated above, nothing herein shall be construed as conferring any license or right regarding Eversa’s intellectual property, or that of any third party.

Except as expressly provided above, you do not have the right to copy, produce, reproduce or publish the Website Content in any material form whatsoever. You do not have the right to copy, produce, reproduce, perform, or publish a translation of the Content text. You do not have the right to communicate the Content to the public by telecommunication.

You also do not have the right to modify or prepare derivative works based on the Content, or to make a disguised imitation of any element of the Content whatsoever. You do not have the right to use the registered or common law trademarks, trade names, or logos present on this Website. You may not manufacture, construct, use, or sell the inventions disclosed on this Website, whether or not they are protected by patent.

You may not make any modifications to this Website, add or remove content on this Website, or add harmful or malicious content, software or programs, or links to such content, software, programs, or websites.

You may not, directly or indirectly, register domain names that include Eversa’s trademarks or trade names, or domain names similar to Eversa’s marks, trade names, or domain names, to the point of causing confusion.

You do not have the right to authorize any other person whatsoever to perform any of these prohibited acts.

You agree not to use any device, software, or technique to: interfere or attempt to interfere with the proper functioning of the Website; make modifications to the Website; post or send to the Website any illegal, fraudulent, harassing or threatening, defamatory, indecent, sexually explicit, or obscene information of any kind, or otherwise violate any applicable law; post or send to the Website any information containing a virus, bug, or other harmful element; frame any part of the Website or Content using “framing,” hyperlinks, or any other technology without Eversa’s permission; circumvent and violate the security measures of this Website; attempt to gain unauthorized access to any software, other account, computer system, or network connected to an Eversa server through hacking, password mining, or any other means; or take any action that could interfere with the use and enjoyment of the Website by any other user.

You agree not to register, directly or indirectly, domain names that include Eversa’s marks, including its trademarks and trade names, or any domain name similar to Eversa’s marks or domain names, to the point of causing confusion.

Any violations of these Terms, including any violations of this section, are strictly prohibited and constitute a breach of these Terms.

Account Setup and Security

The security of your personal information is important to Eversa. We use physical, electronic, and administrative measures designed to protect your personal information from accidental loss and from unauthorized access, use, modification, and disclosure.

The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s Internet connection know these Terms and Conditions and comply with them. Some Content elements or areas of the Website may require user registration. You certify that all information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information over the Internet is not completely secure. We do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures on the Website.

All usernames, passwords, or other information that you have chosen or that are provided to you as part of our security procedures must be treated as confidential, and you must not disclose them to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. You understand and agree that if an account is provided to you, it is personal, and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized use or access of your username or password or any other security breach. You also agree to ensure you log out of your account at the end of each session. You are responsible for any misuse of your password or any unauthorized access.

We reserve the right at any time and from time to time to disable or terminate your account, as well as any username, password, or other identifier, whether chosen by you or provided by us, at our sole discretion for any reason, including any breach of any provision of these Terms and Conditions.

User Submissions

All information that you transmit to the Website by email or otherwise, including questions or answers, comments, suggestions, or others will become the property of Eversa and, with respect to your rights, will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used without compensation by Eversa, or its affiliated companies, or licensed to third parties by Eversa, or its affiliated companies, for any commercial and non-commercial purposes, including but not limited to mailing list rental, product or service solicitation, reproduction, disclosure, transmission, publication, broadcast, and display. Without limiting the foregoing, by sharing information or material through the Website, you grant Eversa the worldwide, perpetual, royalty-free, irrevocable and non-exclusive license to use, reproduce, modify, edit, publish, copy, create derivative works from, and distribute such information or materials in any form and on any media.

You may not submit anything illegal, harmful, harassing or threatening, abusive, hateful, slanderous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit, or otherwise objectionable, likely to constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Please do not submit materials protected by trademark, copyright, patent, or any other property right without first obtaining permission from the owner of that property right.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of such user content submissions in accordance with our Privacy Policy as we deem necessary for the use of the Website and the provision of our services.

Links to Other Websites

The Website may contain links allowing you to leave it to access websites owned or operated by parties other than Eversa. These links are provided for convenience only. Eversa has not reviewed the other websites linked to the Website and cannot be held responsible for the content of off-site pages or any other website linked to the Website. The inclusion of any link to such websites does not imply endorsement by Eversa of the other websites, parties, products, or ideas. Clicking on links, or accessing off-site pages or other websites is done at your own risk. Once redirected to another website, you are subject to the policies of the new website and no longer to those of Eversa.

Online Purchases of Goods or Services

All orders, purchases, or transactions for the sale of goods or services made through this Website are subject to the Terms and Conditions of Sale, which can be viewed below and are also incorporated into these Terms and Conditions.

Geographic Restriction

Eversa is based in the province of Ontario, Canada. The Website is intended for use by persons located in Canada only. It is not intended for use in any jurisdiction where its use is not permitted. Persons who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws apply.

Disclaimer

WITHOUT LIMITING ANY OTHER TERM, ALL ELEMENTS OF THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, VALIDITY, RELIABILITY, AVAILABILITY, TRADE USAGE, COMPLETENESS OF ANY INFORMATION ON THE SITE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE OR ITS CONTENT AND FOR ANY RELATIONSHIP OR AGREEMENT YOU FORM WITH THIRD PARTIES, INCLUDING OTHER USERS.

THESE TERMS DO NOT CONSTITUTE AND SHOULD NOT BE CONSTRUED AS AN AGREEMENT BETWEEN YOU AND ANY OTHER USER(S). EVERSA IS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT FORMED BETWEEN YOU AND ANY OTHER USER(S) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE.

The Website may contain inaccuracies, viruses, errors, or harmful content. Your use of and navigation on the Website are at your own risk. You confirm that you assume full responsibility for any use of the Content.

Neither Eversa nor any other party involved in creating, storing, communicating, producing, or delivering the Website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising from your access to or use of the Website.

Eversa does not warrant that the functional aspects of the Website will be uninterrupted or error-free, or that the Website or the server that makes it available are free from viruses or other harmful components. If your use of the Website or the Content on it results in the need to repair or replace goods, equipment, or data, Eversa is not responsible for the costs associated with such operations.

Eversa makes no warranty or representation that your use of Content displayed on the Website will not infringe rights of third parties not owned by or affiliated with Eversa.

While Eversa has made all reasonable efforts to ensure that the Content is accurate and up-to-date, Eversa does not warrant that the Content is error-free, complete, accurate, reliable, or current. Relying on the information does not replace professional advice.

YOUR SOLE REMEDY AGAINST EVERSA FOR DISSATISFACTION WITH THE WEBSITE, ITS CONTENT, OR THESE TERMS IS TO STOP USING THE WEBSITE OR ITS CONTENT. THIS LIMITATION OF REMEDY IS PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THESE TERMS, INCLUDING NEGLIGENCE.

Eversa, its parent companies, affiliated or related entities, and its content providers disclaim any liability to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or other), injury, claim, liability, or other cause of any kind or character, based upon or resulting from any information or opinion provided on the Website or from the use of or inability to use Eversa’s materials. You specifically agree that Eversa is not responsible for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Website or any materials on the Website, or with any of Eversa’s Terms, your sole and exclusive remedy is to discontinue using the Website.

Indemnification

You agree to indemnify and hold harmless Eversa and (if applicable) its parent company, subsidiaries, affiliates, officers, directors, agents, and employees from any liability against all damages, claims, losses, liabilities, causes of action, or expenses (including but not limited to attorney’s fees), whatever they may be, asserted by another user or third party, whether directly or indirectly, arising from your violation of these Terms or the documents they incorporate by reference, or your violations of any law or the rights of a third party.

Governing Law and Choice of Forum

These Terms are governed by and shall be construed in accordance with the laws of Canada and Ontario, as applicable, without regard to any principles of conflicts of law. In the event that any provisions of these Terms are found to be illegal, void, or unenforceable for any reason, such provisions shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions.

You and Eversa agree to waive any right to bring claims before a court. It is also possible that other rights you would have if you went to court may not be available or may be limited in arbitration. All claims, controversies, or disputes (whether these are contractual, tortious, or other, pre-existing, present, or future, including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or related in any way to your purchase of products or services through the Site will be resolved exclusively and finally through binding arbitration.

The arbitration will be administered by the ADR Institute of Canada in accordance with the ADR Institute of Canada Arbitration Rules. The arbitrator shall have the exclusive power to resolve any dispute relating to the arbitrability or enforceability of this arbitration clause, including any unconscionability challenge or any other challenge that this arbitration clause or this Agreement is void, voidable, or otherwise invalid. The arbitrator shall be empowered to grant whatever relief would be available in court. Any decision by the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. In the event that any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall remain in force.

Contacting Eversa Regarding Intellectual Property If you are an intellectual property rights holder and believe that your intellectual property has been misused on the Website, please notify Eversa immediately at:

1 Rideau St. Suite 700 Ottawa, ON K1N 8S7 Telephone: 613-701-1376 Email: info@eversa.co.

Intellectual Property Legend

Terms and Conditions of Sale and Use of Eversa Products and Services

These terms and conditions (the “Terms”) apply to the purchase and sale of products and services through the eversa.co websites (the “Site”). These terms are subject to change by CB Linguistic Services Inc. (hereinafter referred to as “Eversa”, “we” or “our”, as the context requires) without prior written notice at any time, at our sole discretion. Any changes to these Terms will take effect from the “Last Modified Date” shown on the Site. You are advised to review these Terms before purchasing any product or service available on the Site. Your continued use of the Site after the “Last Modified Date” will constitute your acceptance and agreement to such changes.

These Terms form an integral part of the Website Terms of Use that apply to the use of our Site in general. You are also advised to carefully read the Website Privacy Policy before placing an order for products or services on the Site.

Order Acceptance and Cancellation

Under these Terms, you agree that your order constitutes an offer to purchase from Eversa all products and services listed in your order. All orders must be approved by us and we are not obligated to sell you the products or services. We may choose, at our sole discretion, not to accept certain orders, even after sending you a confirmation email with your order number and details of the items you ordered.

Refunds

Products and services purchased from our store are refundable according to our refund policy. Sign Llnguage course registrations are refundable when canceled before the start of the second class. Products are refundable within 15 days of receipt.

Pricing

Prices are subject to change without notice. Discounts, promotions, and special offers cannot be combined. Displayed prices do not include taxes or shipping and handling fees. All such taxes and fees will be added to the total price and will be detailed in your cart and order confirmation email. We make every effort to display accurate pricing information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability of products or services. We reserve the right to correct any error, inaccuracy, or omission at any time and to cancel any orders resulting from such occurrences.

Resale or Display to Others

You represent and warrant that you are purchasing products or services on the Site for your personal use only, and not for resale or redistribution. Eversa products and services are exclusively reserved for single-user license holders.

Payment

Payment terms are at our sole discretion and, unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order. We accept Mastercard, American Express, Visa, Discover, or UnionPay credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card to make the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Security

Online browsing and data transfer are protected by powerful encryption technology. The SSL security protocol is the standard for protecting the transfer of confidential information online.

Transaction

In accordance with our commitment to provide you with the safest possible online shopping experience, we use either Stripe or Shop Pay services to process your transactions.

Privacy

We are committed to ensuring that no personal information provided through our Website is ever shared with third parties, except during the processing of your transaction either by Stripe or Shop Pay. Please refer to our Privacy Policy for more details.

Warranty Limitation

We undertake to perform the services purchased on the Site using personnel with the required skills, experience, and qualifications, and in a professional and conscientious manner, in accordance with generally recognized industry standards for similar services. We also commit to dedicating all adequate resources to fulfill our obligations under these Terms. We further warrant that for a period of 30 days from the date of shipment (the “Warranty Period”), products purchased through the Site will fully conform to our published specifications in effect at the date of shipment and will be free from material and manufacturing defects.

WE MAKE NO WARRANTY OR CONDITION WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED ON THE SITE, INCLUDING (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA OR DIMINUTION IN VALUE. THIS ALSO APPLIES TO ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNTS YOU HAVE PAID FOR THE PRODUCTS AND SERVICES SOLD ON THE SITE.

Applicable Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein.

Waiver of Court Proceedings and Binding Arbitration

The arbitrator shall have the exclusive power to resolve any dispute relating to the arbitrability or enforceability of this arbitration clause, including any unconscionability challenge or any other challenge that this arbitration clause or this Agreement is void, voidable, or otherwise invalid. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. In the event that any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall remain in force.

Entire Agreement

Our order confirmations, these Terms, our Website Terms of Use, and our Website Privacy Policy will be deemed to be the complete and exclusive agreement between you and us with respect to the subjects covered by these Terms.

Terms and conditions

Terms and Conditions – Website Use

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