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Terms of Use & Privacy Policy

Updated: Aug 2023

Find below our Terms of Use, Privacy Policy, and California Job Applicant Privacy Policy. For Ever Financial Privacy Policy, E-SIGN Disclosure and Consent, and Accessibility Statement, follow links in page footer or sign in screen.

Terms of Use & Privacy Policy

Ever Terms of Use

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Table of Contents

1. Acceptance of Terms

2. Modifications to these Terms

3. Additional Policies

4. Eligibility and Scope

5. Account Registration

6. Vehicle Purchases

7. Vehicle Sales

8. Rules and Prohibitions

9. License to the Services; Modifications to the Services

10. Account Suspension or Termination

11. Proprietary Rights

12. Feedback

13. Third-Party Links and Resources

14. Warranties, Disclaimers, and Limitation of Liability

15. Indemnification and Release

16. Arbitration and Class Action Waiver

17. Export Control

18. Ever Text Messages

19. General

1. Acceptance of Terms

By using our Services, you agree to the terms and conditions here.

These Terms of Use (“Terms”) govern your access to and use of the online services and offerings (collectively, “Services”) by Ever Cars Co., including our affiliates and subsidiaries (collectively, “Ever,” “we,” “us,” or “our”). These Terms apply to all Services, including any website or mobile application we make available to you.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that entity, its directors, officers, employees, and agents.

2. Modifications to these Terms

We may have to change these Terms periodically. We don’t think you’ll have any issues with our changes, but for most changes, you have to agree to continue using Ever.

Ever reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Ever will notify you of changes to these Terms by posting on the Ever Terms of Use website, sending you a message, and/or otherwise notifying you when you are logged into your account. Except as explicitly provided otherwise herein, modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Services; (b) Ever’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Services after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Services.

3. Additional Policies

Privacy Policy

Please review Ever’s Privacy Policy (below) and Financial Privacy Policy, incorporated herein by reference, for information and notices concerning Ever’s collection and use of your information.

Other Agreements

For certain users who make purchases, sales, or leverage financing available on or through the Services, such use may also be governed by a contract with Ever and/or one of our third-party partners. If there is a conflict between these Terms and such agreement, the latter takes precedence with respect to your use of that service or engagement in that transaction.

4. Eligibility and Scope

Just like rules that limit who can drive, we have rules on who can use Ever. You have to be 18 years or older.

You may use the Service only if you are 18 years of age or older and can form a binding contract with Ever, and only in compliance with these Terms and all applicable laws, rules, and regulations. By accessing or using the Services, you represent and warrant that you are 18 or older and can form a binding contract with Ever.

If Ever has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

5. Account Registration

Some offerings on Ever require you to create an Account. To keep us and our users safe, you agree to be honest in your creation of that Account.

You may be required to register for a password-protected account (“Account”) to use parts of the Services. You must provide accurate, current, and complete information during the registration and at all other times when you use the Services, and to update information to keep it accurate, current, and complete.

You are solely responsible for safeguarding your Account password. You are solely responsible for all activity that occurs on your Account, and we may assume that any communications we receive under your Account have been made by you. You must notify Ever immediately of any breach of security or unauthorized use of your Account. Ever will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Ever or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

6. Vehicle Purchases

Available Vehicles

The Services may enable you to purchase vehicles from Ever. The Services contain descriptions of vehicles available for purchase. While we undertake reasonable efforts to ensure the accuracy of descriptions of our available vehicles, there may be errors or omissions relating to availability, pricing, text, or photos. There may also be errors based on information available to us regarding the vehicle (e.g. through our use of third-party services that provide vehicle history reports). Before making any purchase, please inspect the vehicle carefully to confirm it is consistent with the vehicle you are seeking to purchase. We cannot be liable and explicitly disclaim any liability for errors based on information on vehicle history reports or from other third-party services. Ever reserves the right to refuse or cancel any orders placed for vehicles displayed at incorrect prices, regardless of whether the orders have been confirmed and/or payment has been made.

Ever Inspections

Available vehicles for purchase on the Services may include Ever Inspected vehicles, which are pre-owned electric vehicles that have passed Ever’s rigorous 150+ point EV inspections and battery diagnostics. All Ever Inspected vehicles come with a detailed inspection report so that buyers can see the detail in which we’ve reviewed and inspected our vehicles. Unless otherwise specified on the Services, all vehicles are sold on an “As Is” basis with no dealer warranty or implied warranty.

Vehicle Category: Remaining Factory Warranty

Most of the electric vehicles sold by Ever are still under vehicle manufacturer's limited warranties ("Factory Warranties"). When Ever has been able to confirm that there is at least 90 days and 5,000 miles of remaining limited vehicle warranty, as provided by the manufacturer and validated by Ever based on the manufacturer's limited warranty time and mileage limits, Ever markets these vehicles under the vehicle category "Remaining Factory Warranty". All Remaining Factory Warranty vehicles are sold on an "As Is" basis, without any overlapping or complementary dealer warranty by Ever.

Vehicle Category: Ever Certified

Some electric vehicles sold by Ever are close to reaching their Factory Warranty limits or have recently exceeded these limits. For these vehicles, Ever provides a complementary 90 days or 5,000 miles limited vehicle warranty ("Ever Limited Warranty") and markets these vehicles under the vehicle category "Ever Certified". All Ever Certified vehicles are sold with the Ever Limited Warranty.

Process for Purchasing a Vehicle Through the Services

While you do not need an Account to view available vehicles, you must create an Account to purchase a vehicle. We encourage you to review all vehicle details, photos, reports, etc. to confirm the features and condition of the car before purchase.

If you decide to purchase a vehicle, you will be required to review and execute a separate purchase agreement (the “Purchase Agreement”). In the event of any conflict between the Purchase Agreement and these Terms, the terms of the Purchase Agreement shall govern with respect to your purchase of a vehicle from Ever.

Return Policy (“Money Back Guarantee”)

We stand by the quality of our vehicles, so unless otherwise communicated at the time of purchase, all vehicles come with a limited return policy (“Money Back Guarantee”). Unless provided otherwise in your Purchase Agreement, you may return any vehicle purchased from us within seven days or 500 miles (whichever comes first). To return or exchange your vehicle, you must let us know prior to 5 p.m. PST on the 7th calendar day after receiving your vehicle.

We cannot accept a return if the vehicle has been:



You can exchange up to two times to receive a total of 3 vehicles. However, the third vehicle will not come with the limited return policy, and cannot be exchanged or returned once accepted.


If the vehicle does not have any of the issues listed above, the return will be accepted if initiated within 7 days no matter how you paid for the vehicle.


Depending on your bank’s processing time, refunds may take 7 – 10 business days to post in your account.


While we provide free shipping for many of our vehicles, especially within California, we reserve to right to define shipping charges separately for each sale. These charges will be based on the vehicle, the vehicle’s location, your requested delivery location, and available shipping options. Potential shipping charges are nonrefundable, whether you keep the vehicle or complete a return or exchange. If the vehicle is being delivered to you outside the State of California and you want to return or exchange the vehicle, we may charge an additional shipping fee to cover the additional costs of shipping.

Financing

Those who purchase vehicles through Ever may be eligible for financing with one of our third-party partners. All vehicle loans are subject to additional terms and conditions, which will be made available to you as applicable. Please visit the Ever Financial Privacy Policy for information on how we collect and disclose your information when you apply for and/or obtain financing available on or through the Services.

Warranty Plans

Unless otherwise specified in your Purchase Agreement, all Ever Certified vehicles come with a 90-day or 5,000-mile limited vehicle warranty (“Ever Limited Warranty”). Please review the applicable terms and conditions governing the warranty for further details. Ever does not provide a warranty on vehicles sold on an “As-Is” basis, i.e. vehicles not labeled as Ever Certified.


Vehicles purchased using the Services may also be under a manufacturer’s warranty. EVER DOES NOT ADMINISTER OR WARRANT MANUFACTURER WARRANTIES. PLEASE CONSULT THE APPLICABLE MANUFACTURER FOR DETAILS OF ANY APPLICABLE MANUFACTURER WARRANTY. EVER FURTHER DISCLAIMS ALL LIABILITY FOR MANUFACTURER’S RECALLS.

Vehicle Protection Plans

You may also be able to purchase a vehicle protection plan for vehicles purchased from Ever. Such plans are subject to applicable terms and conditions, which will be made available to you as applicable.

Vehicle Service Plans

Users who purchase vehicles through the Services may also be eligible for vehicle service plans. Such plans are subject to additional terms and conditions, which will be made available to you as applicable.

Insurance

Users who purchase vehicles through the Services may also be eligible to purchase insurance from a third-party insurance provider through Ever. Such insurance plans are subject to additional terms and conditions, which will be made available to you as applicable.

7. Vehicle Sales

We’ve made selling your car simple and easy. Here are the details on how to do it through Ever.

Process for Selling a Vehicle to Ever

To simplify the selling process, Ever may provide a tool that gives users an estimate of the price at which Ever may offer to purchase their vehicle (the “Sell Your EV” service). To use the Sell Your EV service, you will be required to submit certain information about your vehicle, including without limitation (1) the make/model; (2) year of manufacture; (3) mileage; and (4) Vehicle Identification Number (“VIN”). You must also provide us with certain contact information to receive an estimated price at which Ever will purchase your vehicle (the “Estimate”). Using the information provided, Ever will either provide an Estimate or decline to purchase your vehicle at that time. The actual offer price from Ever may differ, depending on factors including an in-person inspection of your vehicle by an Ever employee.


If you would like to proceed with selling your vehicle to Ever, you must schedule an in-person or remote inspection by an Ever employee or Ever representative. Upon completing the inspection of the vehicle, an Ever employee or Ever representative may provide you with the actual offer price at which Ever will purchase your vehicle. If you agree to sell your vehicle to Ever, you will be required to review and execute a separate sales agreement (the “Sales Agreement”). To the extent of any conflict between the Sales Agreement and these Terms, the terms of the Sales Agreement shall govern with respect to your sale of a vehicle to Ever.

Voiding Sales Transactions

Though rare, in some unusual circumstances, we may void Sales Agreements. While Ever makes reasonable efforts to conduct thorough inspections, we may sometimes identify material defects in vehicles or title after taking possession of such vehicles after execution of a Sales Agreement. We may also discover that users seeking to sell vehicles to Ever have made material misstatements or omissions regarding the condition of those vehicles. In those instances and as otherwise provided in the Sales Agreement and in accordance with applicable law, Ever reserves the right to void the Sales Agreement within 24 hours or such longer period as may be provided in the Sales Agreement.

Process for Selling a Vehicle Through Ever on Consignment

Ever may also provide a service connecting vehicle owners who are seeking to sell their vehicles with individuals who are seeking to buy vehicles. If Ever makes consignment services available to individuals and you would like to use Ever’s consignment services, you must schedule an in-person inspection by an Ever employee or Ever representative. Upon completing the inspection of the vehicle, an Ever employee or Ever representative will inform you whether Ever will accept your vehicle for consignment. If you agree to sell your vehicle through Ever on consignment, you will be required to review and execute a separate consignment agreement (the “Consignment Agreement”). To the extent of any conflict between the Consignment Agreement and these Terms, the terms of the Consignment Agreement shall govern with respect to your sale of a vehicle through Ever.

8. Rules and Prohibitions

To protect ourselves, our business partners, and our users, we have rules on how you can use the Services.


You may not use the Services to:


Ever has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Ever may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

9. License to the Services; Modifications to the Services

So long as you follow our rules, we welcome your use of our Services. Circumstances may change though, so we may modify or eliminate certain or all services we provide.


Subject to your compliance with these Terms, Ever grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to use the Services as it is provided to you by Ever solely for your personal use and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Services. Ever may revoke this license at any time, in its sole discretion.


You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except as expressly permitted in these Terms. The Services are provided to you AS IS. If you download or print a copy of the Services for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ever or its licensors, except for the licenses and rights expressly granted in these Terms.


All aspects of the Services are subject to change or elimination at Ever’s sole discretion.

10. Account Suspension or Termination

We can suspend or terminate your right to use our Services for any or no reason, e.g. to prevent fraud.


We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Services; and (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Services and/or terminate your Account (if no longer necessary in connection with your use of the Services, such as if a transaction is pending) at any time emailing us at support@evercars.com.

11. Proprietary Rights

We respect your rights and require you to respect ours.


All right, title, and interest in and to the Services, are and will remain the exclusive property of Ever and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Ever and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Ever and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Ever and such others. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Ever name or any of the Ever trademarks, logos, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

12. Feedback

We love your feedback and suggestions! We just want to be sure we can use them.


Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Ever and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your Account or the Services.


At Ever, we are deeply committed to the privacy of our customers. We value input from security researchers who are doing responsible vulnerability research and disclosure. Disclosures may be made via email to legal@evercars.com.

13. Third-Party Links and Resources

We might have links on our site and app to other sites. We don’t endorse these sites, so be cautious when visiting and/or providing your information to those other sites.


The Services may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by Ever. Ever is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Ever, and Ever does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Services, you do so at your own risk, and you understand that these Terms and Ever’s Privacy Policy do not apply to your use of such links. You expressly relieve Ever from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that Ever is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

14. Warranties, Disclaimers, and Limitation of Liability

We strive to make car buying and selling painless, but we can't promise it will be perfect. We're not liable for various things.


Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EVER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content thereon. Ever will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that Ever has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any communications maintained by or transmitted through the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ever or through the Services, will create any warranty not expressly made herein.


The Services are controlled and operated from Ever’s facilities in the United States. Ever makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EVER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so if you are a resident of any of those jurisdictions, the limitations above may not apply to you.

15. Indemnification and Release

If someone sues us because of your violation of our Terms, you have to pay our costs.


TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD EVER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR VIOLATION OF THESE TERMS.


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 settlement with the debtor or released party." This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

16. Arbitration and Class Action Waiver

We don’t expect to get into any disputes with you. But if we do, here are the rules.


PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.


You and Ever agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.


This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to your use of the Services); and claims that may arise after the termination of these Terms or agreement to arbitrate. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.


By agreeing to these Terms, you agree to resolve any and all disputes with Ever as follows:


Initial Dispute Resolution:
 Most disputes can be resolved without resort to litigation. You can reach Ever’s support department at support@evercars.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Ever support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. If requested by Ever, Buyer also agrees to submit to a Vehicle inspection, conducted by Ever or an Ever agent.


Binding Arbitration:
 If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.


To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 2 Embarcadero Center Suite 1500, San Francisco, CA 94111; and (c) send one copy of the Demand for Arbitration to Ever at 973 Embarcadero Rd, Palo Alto, CA 94303, ATTN: Legal.


You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Ever will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.


The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.


If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Ever further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


Class Action Waiver:
 The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND EVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.


Exception: Litigation of Intellectual Property and Small Claims Court Claims
: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.


30-Day Right to Opt Out:
 Unless you have previously agreed to an arbitration and class action waiver provision for disputes with Ever, you have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to legal@evercars.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Ever also will not be bound by them.


Changes to This Section:
 Ever will provide thirty (30) days' notice of any changes to this section by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.


Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.


Survival:
 This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Services.

17. Export Control

The Services are subject to the trade laws and regulations of the United States and other countries, including the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500). You will not import, export, re-export, transfer or otherwise use the Services in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country; (ii) a party included on any restricted person list, such as the OFAC Specially Designated Nationals List, or the Commerce Department’s Denied Persons List or Entity List; or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You will not engage in activity that would cause us to be in violation of these laws and regulations, and will indemnify Ever for any fines, penalties or other liabilities incurred by us for your failure to comply with this provision.

18. Ever Text Messages

You may be given an opportunity to receive text messages from Ever. We or our service providers send text messages to: (1) provide you with information you requested from Ever; (2) respond to your inquiries; and (3) inform you of your order, purchase, service, or other customer relationship related status.


E-SIGN Disclosure.
 By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Ever at legal@evercars.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Ever at legal@evercars.com with contact information and the address for delivery.


Requesting Communications with Ever Through Text Messages.
 You may sign up to receive text messages through our website (e.g. by initiating a text message chat with us through our website). By initiating text messages from us, you agree to these Terms, including our Privacy Policy.


Costs of Signing Up for Ever Text Messages.
 Ever does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.


Frequency of Text Messages.
 The specific amount of text messages you receive may vary depending on how you use the Services.


Participating Carriers.
 Content is not available on all carriers and carrier participation could change. The content is not compatible with all cell phone models. Ever will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.


Eligibility.
 By signing up to receive Ever text messages, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these Terms. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.


Opting Out of Ever Text Messages.
 If you no longer want to receive Ever text messages, you may text STOP at any time. After doing so, we may send you confirmation of your opt-out via text message.

19. General

Governing Law. You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Ever, either specific or general, in jurisdictions other than California. These Terms shall be governed in all respects by the internal substantive laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except for claims that must be arbitrated pursuant to the Arbitration and Class Action Waiver section, any claim or dispute arising in connection with the Services shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you consent to the personal jurisdiction of and venue in such courts and waive any and all jurisdictional and venue defenses or objections otherwise available.


Entire Agreement.
 These Terms, together with the Ever Privacy Policy and any other legal notices, amendments, and additional agreements or policies published by Ever on the Services, shall constitute the entire agreement between you and Ever concerning the Services. Except as set forth in the Arbitration and Class Action Waiver section, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In the event of any conflict between these Terms (or any portion thereof) and any agreement between Ever and you signed by you (including, without limitation, a Purchase Agreement or Sales Agreement), the terms of the latter agreement shall prevail.


Section Headings and Summaries.
 The section headings and summaries in these Terms are for convenience only and have no legal or contractual effect.


Waiver.
 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ever’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


Force Majeure.
 Neither Ever nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.


No Third-Party Beneficiaries.
 You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.


Transferability and Assignability.
 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ever without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.


Notices.
 We may deliver notice to you by email, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at the address listed in the paragraph below.


Contact us.
 If you have any questions regarding these Terms or the Services, please contact us by mail at 973 Embarcadero Rd, Palo Alto, CA 94103, USA; or by email at legal@evercars.com.

Ever Privacy Policy

Ever Cars Co. (“Ever,” “we,” “our,” or “us”) provides this Privacy Policy (the “Privacy Policy”) to describe the information we collect, how we use it, and when and with whom we share it. Except as explicitly provided herein, this Privacy Policy applies only to information that we collect and use about you when you access or use our website, mobile application, or other online or mobile service that links to or otherwise presents this Privacy Policy to you. We refer to these products and services collectively as the "Services." By accessing or using the Services, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the Services. For information on our privacy practices with respect to information you provide to us in the context of our provision of financial services, please review our Financial Privacy Policy.

Table of Contents

1. What Information Do We Collect?

2. What Do We Use Your Information For?

3. When Do We Share Your Information?

4. Online Analytics and Tailored Advertising

5. Children’s Privacy

6. How Do We Protect Your Information?

7. Links to External Sites and Services

8. What Choices Do You Have?

9. California Do-Not-Track Disclosure

10. Consent to Transfer

11. Changes to Our Privacy Policy

12. Contact Us

13. Supplemental Privacy Notice for California Residents

14. Financial Privacy Policy

1. What Information Do We Collect?

We obtain information about you through the means discussed below when we provide the Services. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Services.

Information you provide directly to us

We may collect information that you provide directly to us through:



The information you provide directly to us may concern you or others and may include, but is not limited to:



You are not required to provide us with such information, but certain features of the Services may not be accessible or available, absent the provision of the requested information.

Information from affiliates and non-affiliated third parties

We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau, information to verify your identity, information regarding your vehicle, or information for other fraud or safety protection purposes. We may combine information that we collect from you through the Services with information that we obtain from such third parties and information derived from other products or services we provide.

Information we collect automatically

Device/Usage Information. We and our third-party service providers, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Services. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track when and how frequently you access or use the Services, including how you engage with or navigate our website or mobile application. We use this information (including the information collected by our third-party service providers) for analytics (including to determine which portions of the Services are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both on and off the Services), to evaluate the success of our advertising campaigns, and as otherwise described in this Privacy Policy.


Cookies and Other Electronic Technologies.
 We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the Services. These technologies, for example, may allow us to tailor the Services to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of our Services. We or our third-party service providers also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.


We may also use local shared objects (also known as "Flash cookies") to assist in delivering special content, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. To learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.


You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Services, because the Services? may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.


Location Information.
 When you use the Service, we may collect general location information (such as general location inferred from an IP address).

2. What Do We Use Your Information For?

We use your information for business and commercial purposes, such as:



We may combine information that we collect from you through the Services with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide.


We may aggregate and/or de-identify information collected through the Services. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

3. When Do We Share Your Information?

We may share or disclose information in the following ways:


4. Online Analytics and Tailored Advertising

Analytics

We may use third-party web analytics services on the Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

Tailored Advertising

Third parties whose products or services are accessible or marketed via the Services may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites and (b) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our websites. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.


If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.


When using a mobile application you may also receive tailored in-application advertising content. Each operating system--iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices--provides its own instructions on how to prevent the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.

5. Children’s Privacy

Our Services are not designed for minors under 18. Only persons 18 years of age or older may use the Services. If we discover that an individual under 18 has provided us with personal information, we will close the account and delete the personal information to the extent required by the Children's Online Privacy Protection Act. We may, where permitted by law, retain certain information internally for purposes described in this Privacy Policy.

6. How Do We Protect Your Information?

Ever implements technical, administrative, and physical safeguards to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. Ever is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.

7. Links to External Sites and Services

The Services may contain links to third-party websites or services. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

8. What Choices Do You Have?

You have certain rights and choices with respect to your information such as:



Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request that you provide us with information necessary to confirm your identity before responding to your request.

9. California Do-Not-Track Disclosure

Ever is committed to providing you with meaningful choices about the information collected on our Services for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, Ever does not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.

10. Consent to Transfer

Our computer systems are currently based in the United States, so your personal information will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Services, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.

11. Changes to Our Privacy Policy

We may change this Privacy Policy to reflect changes in the law, our information practices or the features of the Services. At the top of our Privacy Policy, we will indicate the date of the most recent update. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

12. Contact Us

If you have any questions about this Privacy Policy or Ever’s practices, please contact us at legal@evercars.com. You can also reach us by writing to Ever Cars Co., 973 Embarcadero Rd, Palo Alto, CA 94303, USA, ATTN: Legal.

13. Supplemental Privacy Notice for California Residents

This Supplemental Privacy Notice supplements the information in our Privacy Policy above, and except as provided herein, applies solely to California residents. It applies to personal information we collect on or through the Services and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

Summary of Information We Collect

California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information.


We or our service providers may collect the below categories of information for the following business or commercial purposes (as those terms are defined in applicable law):



Examples of these types of uses are identified below. We may also use the below categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

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Rights

If you are a California resident, you may have certain rights. California law may permit you to request that we:



You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.


If you would like to exercise any of these rights, please submit a request through this form or at legal@evercars.com. You will be required to verify your identity before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.


California residents may opt out of the “sale” of their personal information. Ever does not “sell” your personal information as we understand that term to be defined by the California Consumer Privacy Act and its implementing regulations.

Ever California Job Applicant Privacy Policy

This Job Applicant Privacy Policy ("Policy") describes how Ever Cars Co. ("Ever", "we", "us" and "our") collects, uses, and discloses "personal information" as defined under California law from and about job applicants who are residents of California.


This Policy does not apply to our handling of data gathered about you in your role as a visitor to our website or user of our mobile applications. When you interact with us as in that role, the Ever Privacy Policy applies.

1. Types of Personal Information We Handle

We collect, store, and use various types of personal information through the application and recruitment process. We collect such information either directly from you or (where applicable) from another person or entity, such as an employment agency or consultancy, background check provider, or other referral sources. This information includes:


2. How We Use Personal Information

We collect, use, share, and store personal information from job applicants for our and our service providers’ business and operational purposes in the recruitment process such as: processing your application, tracking your application through the recruitment process, contacting references with your authorization, conducting background checks you authorize, and making hiring decisions. We will also use job applicant information for internal analysis purposes to understand the applicants who apply and to improve our recruitment process. We may sometimes need to use applicant information for legal purposes, such as in connection with any challenges made to our hiring decisions.

3. With Whom We Share Personal Information

We will disclose job applicant personal information to the following types of entities or in the following circumstances (where applicable):


4. How to Contact Us About this Policy

If you have any questions about this Policy, please contact legal@evercars.com.


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