Terms and Conditions of Use

May 2013 (v1.02)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SOFTWARE. Everywhere Now provides Internet-based communications and information services to a person or persons using the software application (a "User" or "Users"). By using this software, you signify your agreement to these Terms and Conditions of use. You must agree to these Terms and Conditions in order to use the Slidepoll software and the Slidepoll.com website. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, you will refrain from using this software.

Everywhere Now may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted at the Slidepoll.com Website because your continued usage of the Slidepoll software application and Slidepoll.com ("Slidepoll App," or the "App,") will mean you accept those changes.

Section 1. General Disclaimer;

Everywhere Now does not assume any liability for the use of the App on your device. Reliance on data transmission and communication provided by Everywhere Now via the App, its network, its software processing systems, and and its Internet service provider are done solely at your own risk. Everywhere Now assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or business operations arising from the use of the App. Everywhere Now reserves the right to change or discontinue at any time any aspect or feature of this App.

You understand further that the Internet may from time to time become unavailable and data transmission from your device via our App to your email and Slidepoll.com website account are at your own risk. Everywhere Now, its licensors, and its employees have no control over and accept no responsibility whatsoever for such incidents.

Section 2. Software license; Copyright.

Upon acceptance of these Terms and Conditions, Everywhere Now authorizes you to download a single copy of the software application for your use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into these Terms and Conditions by reference.

The contents of the Site, such as text, graphics, images, video, and/or audio ("Content") and other material including software licensed by Everywhere Now to permit Users to access the Site ("App") are protected by copyright under both United States and foreign laws, and title to the App and Content shall not pass to you or any other User. Unauthorized use of the App or Content may violate copyright, trademark, and other laws. None of the App or Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Everywhere Now, except that you may reproduce limited excerpts of the data for single professional use only, provided that each such copy contains a copyright notice as follows:

For information obtained from Everywhere Now's licensors and third party Content providers, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications or displayed media. You may not sell or modify the App or Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the App or Content on any other web site or in a networked computer environment for any purpose is prohibited.

The App or Content is subject to change without notice at the editorial discretion of Everywhere Now. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 3. Company's Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate but may contain inaccuracies or typographical errors. Everywhere Now makes no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk and for your own personal use.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE, AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG-DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF EVERYWHERE NOW AND ITS SUPPLIERS. ACCORDINGLY, EVERYWHERE NOW ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EVERYWHERE NOW, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EVERYWHERE NOW, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.

IN NO EVENT SHALL EVERYWHERE NOW, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT WHETHER BASED ON WARRANTY OR CONTRACT OR IF EVERYWHERE NOW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVERYWHERE NOW SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$1000.00 (ONE THOUSAND DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Section 4. User Submissions.

Except as described herein, any communication or polling information which you post on the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant -- or warrant that the owner of such Content has expressly granted -- Everywhere Now a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Section 5. Use of Interactive Areas.

Everywhere Now may provide Bulletin Boards, Chat Rooms, connections to social media such as Facebook and/or Twitter and other Interactive Areas (collectively termed "Interactive Areas") on the Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Everywhere Now does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;

2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

3. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity as determined by Everywhere Now.com at its sole discretion;

4. Post advertisements or solicitations of business;

5. After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);

6. Post chain letters or pyramid schemes;

7. Impersonate another person or post anonymously;

8. Allow any other person or entity to use your identification to post or view comments

9. Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or

10. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Everywhere Now, exposes Everywhere Now or any of its customers or suppliers to any liability or detriment of any type.

Everywhere Now reserves the right to record the dialogue or feedback posted in the App about the Content or any other Interactive Area. . Everywhere Now does not screen communications in advance and is not responsible for screening or monitoring material posted by Users or any other person or entity. If notified by a User of communication(s) which are alleged not to conform to the terms of this Section, Everywhere Now may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Everywhere Now reserves the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, Everywhere Now reserves the right to terminate a User's access to any or all Interactive Area upon User's breach of these Terms and Conditions. Everywhere Now reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content.

Furthermore, Everywhere Now reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting in the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Everywhere Now or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. Everywhere Now HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

Everywhere Now does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.

Through your use of the Site's Interactive Areas or external Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.

Section 6. Links to Other Sites.

The Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Everywhere Now of the content on such third-party web sites. Everywhere Now is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third- party web sites is subject to the Terms and Conditions of use for such sites.

Section 7. Advertisements.

The Site may contain advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, Everywhere Now does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.

Section 8. Indemnity.

You agree to defend, indemnify and hold Everywhere Now, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Everywhere Now shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Section 9. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).

Section 10. General.

Everywhere Now is based in the United States of America. Everywhere Now makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Section 11. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Everywhere Now, or in any way relating to your membership or use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Everywhere Now or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 12. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE Terms and Conditions CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND EVERYWHERE NOW WITH RESPECT TO THE USE OF THE SLIDEPOLL.COM SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.

Thank you for your cooperation with these Terms and Conditions. We hope you find the site helpful and convenient to use. Questions or comments regarding this Site should be directed by electronic mail to support@slidepoll.com.