20. GENERAL

20.1. Confidentiality. In these Terms of Use, “Confidential Information” means any and all information relating to the business affairs, developments, personnel, or suppliers of EVEN (or any Affiliated Parties), in whatever form, that: (i) is, by its nature, confidential; (ii) you know or ought to know is confidential; or (iii) is designated by EVEN as confidential. You must not disclose directly or indirectly any Confidential Information to third parties without the prior written consent of EVEN.

20.2. Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Use without the prior written consent of EVEN. EVEN may, at its discretion, assign or transfer any of its rights or obligations under these Terms of Use to any company. EVEN may use Subcontractors to provide the Services or perform any of its obligations pursuant to these Terms of Use, provided that EVEN remains responsible for the acts, omissions and defaults of its Subcontractors.

20.3. Severability.If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

20.4. Entire Agreement. These Terms of Use comprise the entire agreement between you and EVEN relating to your access to and use of the Site and EVEN Content, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of this Terms of Use). Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

20.5. No Partnership or Joint Venture. Notwithstanding anything to the contrary contained in these Terms of Use, the parties have entered into these Terms of Use as independent contractors only, and nothing herein shall operate so as to create a partnership, joint venture, contract of employment, or agency of any kind between the parties. Nothing contained in these Terms of Use shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments or agreements on the other party’s behalf.

20.6. Releases or Waivers. A party may, in whole or in part, release, compound, compromise, waive or postpone, in its absolute discretion, any liability owed to it or right granted to it in these Terms of Use by the other party without in any way prejudicing or affecting its rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed. No single or partial exercise, or failure or delay in exercising any right, power or remedy by any party shall constitute a waiver by that party of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms of Use or otherwise.

20.7. Third Parties. Except for the Affiliated Parties, no person that is not a party to these Terms of Use shall have the right to enforce any term of these Terms of Use which expressly or by implication confers a benefit on that person without EVEN’s prior written consent.

20.8. Survival. You agree and understand that all provisions of these Terms of Use which are intended by their nature (whether expressly or by implication) to survive termination of these Terms of Use, will survive termination of these Terms of Use, including, without limitation, those sections entitled RIGHTS YOU GRANT TO US, YOUR USE OF THE SERVICES, REPRESENTATIONS AND WARRANTIES, INTELLECTUAL PROPERTY, THIRD PARTIES, RISKS, DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION, COMPLAINTS AND DISPUTES, GOVERNING LAW; ARBITRATION, GENERAL, and, if applicable, those sections of the Additional Licensor Terms Appendix entitled LICENSOR OBLIGATIONS, LICENSOR GRANT OF RIGHTS, LICENSOR WARRANTIES, NO INJUNCTIONS, shall survive the termination of these Terms of Use.

20.9. Contact Information. If you have any questions, would like to provide feedback, or would like more information about the Services, please feel free to email us at info@even.biz.

20.10. Age. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will, unfortunately, have to close your account. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE (IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY), THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF ANYONE UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT THEY MAY INCUR.

ADDITIONAL LICENSOR TERMS APPENDIX

If you are a Licensor, you agree to the terms set out in this Additional Licensor Terms Appendix (“Appendix”) in addition to the terms set out in the main body of these Terms of Use to which this Appendix is attached and incorporated.