Terms of Service
Last Updated: December 18, 2023
Important Notice
This Agreement contains an arbitration clause and class action waiver. It significantly affects your legal rights, including your right to file a lawsuit in court. Please read the “Arbitration and Class Action Waiver” section carefully.
Terms of Service
1. Acceptance of Terms
By accessing and using the EverCare home maintenance and improvement service (the “Service”), you accept and agree to be bound by the terms and provisions of this Agreement. In addition, when using this Service, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this Service will constitute acceptance of this Agreement. If you do not agree to abide by the above, please do not use this Service.
2. Description of Service
EverCare provides a subscription-based service for home maintenance and improvement, designed to keep your home safe, functional, and beautiful. Our Service includes routine maintenance, home improvement projects, and emergency repairs, all managed by a team of skilled professionals.
3. User Responsibilities
Users agree to use the Service in a manner consistent with all applicable laws and regulations. Users shall not use the Service for any illegal or unauthorized purpose, including but not limited to, violating local, state, national, or international law, or any regulations having the force of law.
4. Account Registration
Users must register for an account to use the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.
5. Privacy Policy
Your use of the Service is subject to EverCare’s Privacy Policy, which is available at www.Ever-Care.org/privacy. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.
6. Termination
EverCare reserves the right to terminate your account and access to the Service at any time, for any reason, without notice. Upon termination, your right to use the Service will immediately cease. Any fees paid for the Service are non-refundable.
SMS Terms & Conditions
EverCare Alerts:
Description: Receive SMS reminders and alerts about maintenance schedules, upcoming projects, and notifications to ensure your home remains in optimal condition.
Message Frequency: The frequency of messages may vary based on your subscription plan and interactions with EverCare.
General SMS Terms:
Opt-In Information:
By opting in, you agree to receive SMS notifications from EverCare. You understand and agree to the following:
- Maintenance Reminders and Alerts: You will receive SMS reminders and alerts regarding scheduled maintenance, upcoming projects, and any urgent updates related to your home’s care.
- Message and Data Rates: Message and data rates may apply to each text message sent or received.
- Voluntary Participation: Subscription to these notifications is not required to use any services provided by EverCare.
- Opt-out Option: You can unsubscribe from these notifications at any time by texting ‘STOP’ to the provided number and can seek assistance by texting ‘HELP’.
- Privacy Commitment: Your phone number will be used exclusively for delivering the subscribed services and will not be shared with any third parties.
- Terms and Privacy Agreement: You acknowledge and consent to EverCare’s Terms of Service and Privacy Policy.
Opt-Out Information:
You understand that you can opt-out of receiving text messages at any time by responding with STOP. You can reply with HELP to get help. Message and data rates may apply depending on your mobile carrier. Message frequency may vary.
After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. If you decide to join again, simply sign up as you did the first time.
Help and Support:
If you are experiencing issues with our messaging program, you can reply with “HELP” for more assistance, or contact our support team directly at support@Ever-Care.org.
Carrier Liability:
Carriers are not liable for delayed or undelivered messages.
Costs:
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Privacy Concerns:
If you have any questions regarding privacy, please read our privacy policy available on our website at www.Ever-Care.org/privacy.
Opt-in Agreement:
By entering your phone number and submitting this form, you are confirming your agreement to receive SMS notifications from EverCare to the phone number you have provided.
Arbitration and Class Action Waiver
1. Arbitration Agreement
Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
2. Class Action Waiver
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
3. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state in which EverCare is headquartered, without regard to its conflict of law principles.
By using the Service, you agree to these terms and conditions.