EVERYDAY
Terms
Terms
TERMS OF SERVICE // BY EVERYDAY
These terms and conditions between you and Everyday Capital Ventures, DBA Everyday, a Delaware-based Limited Liability Corporation (LLC), govern your use of the various platforms, services, and content provided by Everyday and its affiliates.
This includes the use of the website everydayco.us (“Website”), the Everyday email newsletter (“Newsletter”), Everyday Radio (“Radio), Everyday Advisor (“Advisor”), Everyday Capital (“Capital”), Everyday Content (“Content”), Everyday Hospitality (“Hospitality”), Everyday Travel (“Travel”), and any services provided by Everyday’s contract partners, including but not limited to Spotnana (“Contract Partners”).
For the purposes of these terms and conditions, “Everyday” collectively refers to the Website, Newsletter, Podcast, Advisor, Capital, Content, Hospitality, Travel, and any other platforms, products, or services operated or provided by Everyday Capital Ventures and its Contract Partners. By using any part of Everyday, you agree to be bound by these terms and conditions in full. If you disagree with these terms and conditions or any part thereof, you must not use Everyday
Eligibility
You may use Everyday only if you can form a binding contract with Everyday LLC and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to Everyday by anyone under 18 is strictly prohibited and in violation of this Agreement. Everyday is unavailable to any Users previously removed by Everyday LLC or its Contract Partners.
License to use Everyday
Unless otherwise stated, Everyday LLC owns the intellectual property rights in Everyday and material in Everyday. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from Everyday for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from Everyday;
- reproduce, duplicate, copy, or otherwise exploit material on this Everyday for a commercial purpose;
- republish material from Everyday (including republication on another website or app) except for as provided in Permitted Sharing below;
- show any material from Everyday in public except for as provided in Permitted Sharing below;
- edit or otherwise modify any material in Everyday; or redistribute material from Everyday without permission from Everyday LLC except as provided in Permitted Sharing below;
- use a group inbox to subscribe to the Newsletter or;
- Share Newsletters designated beyond the limits provided in Permitted Sharing below. If more than one person in your company wants regular access to the Newsletter, Everyday offers volume pricing for multiple subscriptions.
Violating any of these restrictions (or any other of the Terms of Service) shall result in immediate account termination without warning and refund. Moreover, any violation of these restrictions may further subject you to liability for violation of Everyday’s intellectual property rights and further claims and damages.
Use of The Services
Everyday provides a variety of content, such as software, text, graphics, images, videos, audio, data, and other technologies and materials, collectively referred to as the “Content,” through its services (“Services”). The Services and Content may include advanced technologies provided by Everyday Hospitality and third parties, such as artificial intelligence, machine learning systems, and other similar technologies (“AI Technology”), including third-party large language models (“Everyday LLM”).
Subject to this Agreement and your Membership, Everyday grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable limited license to:
(i) access and use (e.g., download and display locally) the Content and the software and applications made available through the Services; and
(ii) use the software embedded within any device provided by Everyday, in each case solely for purposes of using the Services.
Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from Everyday. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party rights. The Content may be owned by Everyday or provided through arrangements with others, including other users, licensors, partners, sponsors, or affiliates. The Content is protected by intellectual property rights, including copyright, under both United States and other laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Except for your rights in any User Content (as defined in the Terms), you have no rights in or to the Content, and you may not use the Content except as permitted under this Agreement. Any other use is prohibited without prior written consent from Everyday or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copies you make. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, create derivative versions, distribute, or otherwise use the Content in any way for public or commercial purposes. If you violate any part of this Agreement, your permission to access and/or use the Content and Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (“Third-Party Trademarks”). Your use of the Services does not grant you any license or right to use any Third-Party Trademark displayed on the Services. Third-Party Trademarks may not be used to disparage any third party or in any manner that may damage any goodwill in the Third-Party Trademarks.
The Services may include access to, links to, and content, recommendations, and data from third-party websites, products, and services (“External Services”). The External Services may include AI Technology, such as Everyday LLM. These External Services are provided solely as a convenience and are not endorsements by Everyday Hospitality. They may be subject to separate legal terms between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others, and Everyday cannot accept any responsibility or liability for them.
The Services are for personal use only and may not be used for any commercial endeavors except those specifically approved by Everyday. The following activities are expressly prohibited:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications;
(ii) any use of the Services that degrades the reliability, speed, or operation of the Services or any underlying hardware or software;
(iii) using web scraping, web harvesting, or web data extraction methods from Everyday, even if the Account owner gives permission; and
(iv) any use of the Services that is unlawful or in violation of this Agreement.
Permitted Sharing
A subscription is for one person only. By purchasing your course, template, membership or any product from Everyday, you are granted one revocable, worldwide, non-exclusive license to the product(s) You have purchased. If you violate this license by giving or selling a copy of our template(s)/product(s) to anyone other or if you imply that anyone who gets access to our template/product(s) has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our template(s)/product(s) permanently.
- Newsletters may be forwarded without limit.
- Newsletters designated for paying subscribers may be forwarded privately to a friend(s) or colleague(s) no more than four times per month, provided it does not result in the Newsletter’s publication in any form.
- You may take a screenshot of partial content from Everyday for the purpose of sharing privately or on social media up to four times per month, provided such publication includes attribution to Everyday.
- You may reproduce a reasonable excerpt from Everyday for a blog post or other publication, provided such publication includes attribution and link to everydayco.us. Such excerpt shall not exceed 40% of the content in the originating Everyday.
- You may share clips of Podcasts provided they do not exceed 2 minutes in length for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to the Podcast.
Everyday LLC reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.
Acceptable Use
You must not use Everyday in any way that causes, or may cause, damage to Everyday, Everyday, Contract Partners, or impairment of the availability or accessibility of Everyday; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to Everyday.
You must not use Everyday for any purposes related to marketing without Everyday LLC’s express written consent.
Everyday Travel
- Engagement of Services: By hiring Everyday Travel to curate or host any experience (“Retreats”) on your behalf—including but not limited to retreats, offsites, live podcasts, dinners and tastings—you and your attendees agree to these terms and conditions. You also agree to provide accurate and complete information during the registration process and to update such information as necessary. Your registration is considered complete upon payment of all applicable fees.
- Participation and Eligibility: Your registration grants you the right to attend the Retreat, subject to availability and any Retreat-specific requirements or limitations. Everyday reserves the right to deny service or access to any individual based on eligibility criteria or capacity constraints.
- Use of Likeness: By participating in the Retreat, you consent to the use of your name, photograph, image, voice, likeness, biographical, and/or other information provided by you for the purpose of advertising, promoting, and/or publicizing the Retreat or any Everyday Travel products and services, without compensation. You also consent to Everyday taking or recording audio, pictures, video, and/or audiovisual recordings of you during any presentation, demonstration, or activity made by you in connection with the Retreat in any media or format now known or hereafter developed (“Presentation Recording”). Everyday owns all rights, title, and interest in and to the Presentation Recordings.
- Retreat Materials: You grant to Everyday a non-exclusive, royalty-free, irrevocable, worldwide, transferable license to process, manage, reproduce, modify, create derivative works of, display, perform, and distribute (i) presentations, demonstrations, collateral, and any and all other materials provided to Everyday in connection therewith and (ii) any feedback, testimonials, reviews, experiences, or recommendations provided to Everyday (collectively, the “Materials”). You represent and warrant that Everyday’s use of the Materials does not and will not violate any laws and does not infringe or violate any copyright or other intellectual property rights of any other party. You acknowledge and agree that, unless otherwise expressly agreed upon in writing by Everyday, you will not receive any compensation in connection with this Consent or your participation in the Retreat or your Materials.
- Company Marks: You grant to Everyday the limited right to use your or your company’s logos and trademarks (“Company Marks”) in connection with the Retreat (or advertising, promotion, or publication thereof). Any such use by Everyday will be subject to your or your company’s published trademark guidelines as may be provided by you from time to time. Everyday agrees to modify any use of the Company Marks that is not in compliance therewith upon your written request.
- Data Collection and Use: As part of the registration process, personal data may be collected. This data will be handled in accordance with our Privacy Statement. By registering, you acknowledge and agree that Everyday will have access to and ownership of all user data collected through the Retreat registration process, for purposes related to the Retreat and as described in the Privacy Statement.
- Cancellation and Refunds: Payment obligations are non-cancelable, and fees paid are non-refundable. Everyday reserves the right to substitute alternative presenters or modify the Retreat schedule due to unanticipated situations. In case of such changes, Everyday is not liable for any additional costs incurred by participants.
- Code of Conduct: You agree to conduct yourself in a respectful and considerate manner during the Retreat, refraining from any disruptive behavior or harassment of any kind. Everyday reserves the right to remove any participant from the Retreat who violates this code of conduct.
- Liability: The organizers of the Retreat, Everyday, its affiliates, and any associated parties are not liable for any personal injury, property damage, or other loss sustained during the Retreat unless caused by their gross negligence or willful misconduct. You participate in the Retreat at your own risk and are responsible for your own safety and belongings.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Any disputes arising from these terms shall be resolved exclusively in the courts of Delaware.
Restricted Access
Access to certain areas of the Website is restricted. Everyday LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Everyday LLC’s discretion.
If Everyday LLC provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
If Everyday LLC provides you with an RSS feed with restricted content, you may not share it or use it in any application other than an RSS feed reader. Everyday LLC may disable your RSS access at any time at its sole discretion without notice or explanation.
Everyday LLC may disable your user ID and password in Everyday LLC’s sole discretion without notice or explanation.
User Content and Guest Data
In these terms and conditions, “User Content” refers to any material you submit to this website or provide to Everyday LLC for any purpose. This includes, but is not limited to, text, images, audio, video, audiovisual material, and data, such as guest information from restaurant guestbooks (“Guest Data”). Guest Data may include information like guest names, email addresses, visit history, spending data, and other relevant information provided by our current or prospective clients (e.g., restaurant owners) about their customers.
Everyday LLC acknowledges the sensitivity and importance of this data. To protect individual privacy, we use aggregated or de-identified data that no longer identifies any particular individual. This aggregated data helps us answer important questions about business performance, customer engagement, and optimize our services. You can learn more about how we handle data in our Privacy Policy to understand our practices, including how data is anonymized and aggregated.
By submitting User Content or Guest Data to Everyday LLC, you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate, distribute, display, perform, aggregate, truncate, prepare derivative works of, and otherwise utilize your User Content and Guest Data in connection with our provision of the Services and our (and our successors’) business. This includes, without limitation, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. It also includes sharing the User Content and Guest Data with social media platforms (e.g., posting User Content to Twitter or Facebook if enabled in your Account’s sharing settings) and with our business partners and licensees for informational and analytical purposes. You also grant Everyday LLC the right to sublicense these rights and to take action against any infringement of these rights.
Your User Content and Guest Data must not be illegal or unlawful, infringe any third party’s legal rights, or be capable of giving rise to legal action against you, Everyday LLC, its Contract Partners, or any third party under any applicable law. You must not submit any User Content or Guest Data that has been the subject of any threatened or actual legal proceedings or similar complaints.
Everyday LLC reserves the right to edit, remove, or refuse to publish any User Content or Guest Data submitted to the website, stored on Everyday LLC’s servers, or hosted on this website at its sole discretion. Notwithstanding these rights, Everyday LLC does not undertake to monitor the submission or publication of User Content or Guest Data.
By posting User Content or providing Guest Data to Everyday LLC, you represent and warrant that you have all rights necessary to grant these licenses to Everyday LLC. You also grant each user of Everyday a non-exclusive license to access your User Content and Guest Data and to use, reproduce, distribute, prepare derivative works of, display, and perform such content as permitted by the functionality of Everyday and in accordance with these terms.
To Other Users: You hereby grant each user of Everyday a non-exclusive license to access your User Content.
No Warranties
NOTHING PROVIDED BY EVERYDAY, INCLUDING BUT NOT LIMITED TO THE WEBSITE, NEWSLETTER, PODCAST, ADVISOR, CAPITAL, CONTENT, HOSPITALITY, TRAVEL, OR ANY OTHER SERVICE OR PLATFORM, IS INTENDED TO CONSTITUTE FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU UNDERSTAND AND AGREE THAT EVERYDAY LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER YOU BASE SUCH A TRANSACTION IN ANY WAY UPON INFORMATION PROVIDED THROUGH ANY OF EVERYDAY’S SERVICES. EVERYDAY LLC IS NOT YOUR FINANCIAL ADVISOR; WHEN MAKING FINANCIAL DECISIONS, YOU ARE SOLELY RESPONSIBLE.
ALL SERVICES PROVIDED BY EVERYDAY ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF EVERYDAY IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EVERYDAY LLC, ITS CONTRACT PARTNERS, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT ANY SERVICE PROVIDED BY EVERYDAY WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EVERYDAY IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF EVERYDAY.
EVERYDAY LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ITS CONTRACT PARTNERS OR ANY THIRD PARTY THROUGH ANY OF EVERYDAY’S SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EVERYDAY LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND CONTRACT PARTNERS OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERYDAY CAPITAL VENTURES LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONTRACT PARTNERS, SUPPLIERS, OR LICENSORS (“LIMITED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE ANY PART OF EVERYDAY, INCLUDING THE WEBSITE, NEWSLETTER, PODCAST, OR ANY OTHER SERVICE OR CONTENT PROVIDED BY EVERYDAY. UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE BASED ON INFORMATION FROM ANY PART OF EVERYDAY. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF ANY SERVICE OR INFORMATION PROVIDED BY EVERYDAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITY’S INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EVERYDAY LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACT PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EVERYDAY LLC HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE LIMITED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Everyday is controlled and operated from its facilities in the United States. Everyday LLC and its Contract Partners make no representation that Everyday is appropriate or available for use in other locations. Those who access or use Everyday from other jurisdictions do so of 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.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Reasonableness
By using Everyday, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website or Everyday.
Other parties
You accept that, as a limited liability entity, Everyday LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Everyday LLC’s members, managers, officers, Contract Partners, or employees regarding any losses you suffer in connection with Everyday.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Everyday LLC’s members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors as well as Everyday LLC.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Everyday LLC along with its members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors (“Indemnified Parties”) and undertake to indemnify and hold harmless the Indemnified Parties against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Termination
This Agreement may be terminated by either party upon thirty (30) days’ written notice to the other party. Upon termination, all rights and obligations of the parties under this Agreement will cease, except for obligations that, by their nature, survive termination, including but not limited to confidentiality obligations and payment obligations for services rendered prior to termination.
Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond that party’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. This includes natural disasters, acts of war, terrorism, or any other event that cannot be reasonably anticipated or controlled. Both parties agree to engage in good faith discussions and mutual consent regarding the impacts of such events on the Agreement.
Breaches of these terms and conditions
Without prejudice to Everyday LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Everyday LLC may take such action as Everyday LLC deems appropriate to deal with the breach, including suspending your access to Everyday, prohibiting you from accessing Everyday, blocking computers using your IP address from accessing Everyday, contacting your internet service provider to request that they block your access to Everyday and bringing legal proceedings against you.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Everyday must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Everyday at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
Variation
Everyday LLC may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of Everyday from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you know the current version.
Assignment
Everyday LLC may transfer, sub-contract or otherwise deal with Everyday LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third-Party Links
Everyday may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Everyday LLC. Everyday LLC 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 from Everyday, you do so at your own risk and understand that this Agreement and Everyday LLC’s Privacy Policy do not apply to your use of such sites. You expressly relieve Everyday LLC from any liability arising from using any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods and any other terms (such as warranties) are solely between you and such advertisers. You agree that Everyday LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Entire agreement
These terms and conditions constitute the entire agreement between you and Everyday LLC in relation to your use of Everyday and supersede all previous agreements in respect of your use of Everyday.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Delaware, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delaware.
Dispute Resolution
In the event of a dispute or disagreement arising from this Agreement or related to Everyday services, both parties agree to attempt resolution through mutual consent and mediation as a first step. Each party will select one representative, and together will choose a neutral mediator. Mediation shall take place within 30 days of the request.
If mediation fails, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Delaware. Any arbitration award shall be final and binding, with the prevailing party entitled to reasonable legal fees and costs.
Waiver of Class Actions: To the fullest extent permitted by law, all Disputes will be resolved on an individual basis only, not in a class, consolidated, or representative action. Both parties waive any right to bring a Dispute as a class or representative action.
Costs and Fees: Each party shall bear its own costs related to mediation. Arbitration fees, if incurred, will be split equally, unless the arbitrator determines a different allocation based on the circumstances.
Tracking Data
This Everyday uses tracking tools and cookies. By using this Everyday and agreeing to these terms and conditions, you consent to our Everyday LLC’s use of cookies in accordance with the terms of Everyday LLC’s privacy policy.
Illinois Consumer Rights Notice
Illinois users of the Site are entitled to the following consumer rights notice.
If you have a question or complaint about Everyday LLC, our products, or our Site, please contact us via e-mail at hello@everydayco.us. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Illinois Department of Consumer Affairs via telephone or mail.
Contact
Everyday LLC’s mailing address is 651 North Broad Street, Suite 201, Middletown, Delaware, 19709. Your privacy is important to Everyday Capital Ventures LLC and its contract partners (including Spotnana). Everyday Capital Ventures LLC and its contract partners are referred to jointly in this privacy policy as “Everyday”. This privacy statement provides information about the personal information that Everyday collects and the ways in which it uses that personal information.
Personal Information Collection
Everyday may collect and use the following kinds of personal information:
- At everydayco.us, if you sign up to receive our newsletter, you provide your name and email address. That is the only information we have for you and all we need to operate everydayco.us (“Website”), the Everyday Newsletter (“Newsletter”), Everyday Radio (“Podcast”), Everyday Advisor (“Advisor”), Everyday Content (“Content”), Everyday Library (“Library”), Everyday Travel (“Travel”), Everyday Hospitality (“Hospitality”), Everyday Capital (“Capital”), and Contract Partner content. The Website, Newsletter, Podcast, Library and Magazine are referred to jointly in this privacy policy as the “Content”; we do not collect any information on other visitors to the website;
- We use third third-party vendors, identified below, to help with the delivery of the Content and processing of your payment. We never see your full credit card number, which is handled through Stripe;
- If you participate in Everyday’s Forums, you will create additional user-generated content, which is used for Everyday’s Forums only.
Legal Basis for Information Collection
Everyday asserts the following legal grounds for the collection of data:
Explicit Consent
When you sign up for any Content (either free or paid) or any other account at everydayco.us, you provide explicit consent for Everyday to collect the above listed personal information.
Contract
If you enter an agreement with Everyday for the provision of services in exchange for payment, Everyday will be required to collect the above-listed personal information.
Legitimate Interests
Finally, Everyday may have additional legitimate interests, including account maintenance and administrative purposes, for collecting the above-listed personal information.
Using Personal Information
Everyday may use your personal information to:
- fulfil or meet the reason you provided the information. Specifically, access to the Content. If you provide your personal information to purchase Content, a product, or service, we will use that information to process your payment and facilitate delivery.
- create, maintain, customize, and secure your account with Everyday.
- provide you with support and respond to your inquiries, including investigating and addressing your concerns and monitor and improving our responses.
- administer Everyday and the Content;
- personalize the website for you by displaying your name or changing the appearance of the website according to your settings if you log in;
- enable your access to and use of the Content and the website services;
- deliver Everyday Radio to subscribers;
- deliver 1727 magazine to subscribers;
- send to you the newsletter and account-related email;
- send to you statements and invoices;
- collect payments from you;
- collect your personal information or as otherwise set forth in the GDPR, ICPA, or the applicable laws.
- prevent transaction fraud;
- respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
- send you marketing communications.
Where Everyday discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. Except for the third-party vendors that collect your data separately when you sign up and pay, Everyday does not share any of its user data with any third parties.
In addition to the disclosures reasonably necessary for the purposes identified in this privacy policy, Everyday may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Data Processors
Everyday uses the following data processors with respect to the personal information collected:
- MemberPress: MemberPress manages Everyday’s Forum and all related data, including user-created content. MemberPress Privacy Policy.
- Stripe: Stripe manages all payment processing and subscription management. Your credit card payment details are managed by Stripe and not released to Everyday except the date and amount of each payment, the last four digits of your credit card, expiration date, and zip code. Stripe Privacy Policy.
3rd Party Service Providers
In addition, Everyday uses the following 3rd-party service providers for certain content served on everydayco.us. By using Everyday you are accessing these services. Everyday does not provide or receive any personal information to or from these services.
- Google Analytics: Google Analytics provides data concerning site visitors and activity at the website. Google Analytics Privacy Policy.
- WPX Hosting: WPX Hosting manages the hosting of everydayco.us. WPX Hosting Privacy Policy.
- Typeform: if you enter your mobile phone number, you are using a service provided by Typeform. Everyday does not retain your phone number. Typeform privacy policy.
- Typekit: Typekit, which is owned by Adobe, provides everydayco.us and 1727’s fonts. Adobe Fonts Privacy Policy.
In addition, by using everydayco.us you are accessing Stripe, but Everyday does not provide or receive any personal information to or from these services unless you are a subscriber.
Contract Partners
Everyday Capital Ventures LLC also administers the distribution and collection of subscription fees for the Everyday Radio.
Sales of Personal Information
Everyday has never sold personal information. In addition, Everyday has no intention of ever selling personal information.
Data Retention Policy
Data will only be retained until you request us to delete it pursuant to this privacy policy.
Securing Your Data
Everyday will take reasonable technical and organisational precautions to prevent your personal information’s loss, misuse or alteration. If Everyday stores any of your data, it will do so on secure servers.
Forum Posts
Be advised that Everyday does not monitor Everyday Forum posts for disclosure of any personal information you may post in any user-generated content. The forum software (Discourse) includes tools allowing you to edit or delete your posts. You may contact Everyday with the contact information below if you need assistance.
Cross-Border Data Transfers
Information that Everyday collects may be stored and processed in and transferred between any of the countries in which Everyday operates to enable the use of the information in accordance with this privacy policy. You agree to such cross-border transfers of personal information.
In addition, personal information you post to Everyday’s Forum will be published on the internet and may be available worldwide.
Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with the Website or Newsletter. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on Everyday. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us.
Illinois Online Privacy Notice
(1) Everyday does not track users, who interact with its website across the web, and therefore does not use “do not track” signals.
(2) Everyday does not authorize the collection of personally identifiable information from users on any Everyday website for third party use through advertising technologies.
GDPR and ICPA Compliance
Everyday seeks to fully comply with the European Union’s General Data Protection Regulation (GDPR), the Illinois Consumer Privacy Act (ICPA), and other laws and regulations protecting consumer privacy. As such, you have the following rights on this website:
- Right to be forgotten: You may cancel your account at any time. If you wish your data to be permanently deleted, you may contact us at hello@everydayco.us and it will be deleted within 72 hours.
- Right to object: We have never performed any data science projects on user data and do not anticipate doing so in the future. If, at some point in the future we determine a use for any sort of data science project on our user data, we will notify you in writing before doing so. In that event you may remove your contact data from any such project by emailing us at hello@everydayco.us with the subject line “Opt Out of Data Science”.
- Right to access and rectification: You can contact us at hello@everydayco.us at any time to access copies of all user data we retain for you. We will remove, update, or change any personal information about you from our servers immediately upon your request.
- Right of portability: We only retain your name and email address. Nevertheless, we will provide that information to you upon your request.
- Right of restriction: You can make a request for restriction or suppression of your personal data through the contact information at the end of this privacy policy.
Without prejudice to any other administrative or judicial remedy, if located in the European Union, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
In addition to the above, an “unsubscribe” option is automatically included in the footer of every newsletter sent from Everyday. This allows you to easily unsubscribe from the newsletter. In the event you unsubscribe, we will immediately stop sending you the newsletter. Please note that unsubscribing from the newsletter with the newsletter’s “unsubscribe” button does not cancel your account with Everyday Capital Ventures LLC In order to do so, please login at everydayco.us and cancel your account.
Non-Discrimination
Everyday will not discriminate against you for exercising any of your GDPR, ICPA, or other consumer privacy rights. Unless permitted by law, Everyday will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, the nature of the services provided by Everyday, a membership website, newsletter, and podcast feed, will require basic information including an active account and your email address in order for Everyday to provide its services. Should you opt-out entirely, Everyday will be unable to provide you any of its services.
Statement of Rights and Choices with the ICPA
The ICPA provides consumers (Illinois residents) with specific rights regarding their personal information. This section describes your ICPA rights and explains how to exercise those rights.
Below is a summary of information collected by category.
Category | Collected |
A. Identifiers. | YES |
B. Personal information categories listed in the Illinois Customer Records statute (Cal. Civ. Code § 1798.80(e)). | YES |
C. Protected classification characteristics under Illinois or federal law. | NO |
D. Commercial information. | YES |
E. Biometric information. | NO |
F. Internet or other similar network activity. | YES |
G. Geolocation data. | YES |
H. Sensory data. | NO |
I. Professional or employment-related information. | NO |
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | NO |
K. Inferences drawn from other personal information. | YES |
Disclosure of Personal Information for a Business Purpose
In the preceding twelve (12) months, Everyday has disclosed the following categories of personal information for a business purpose to the service providers described earlier in this Privacy Policy:
- Category A: Identifiers.
- Category B: Illinois Customer Records personal information categories.
- Category D: Commercial information.
- Category F: Internet or other similar network activity.
- Category G: Geolocation data.
- Category K: Inferences drawn from other personal information.
Access to Specific Information and Data Portability Rights
You have the right to request that Everyday disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information Everyday collected about you.
- The categories of sources for the personal information Everyday collected about you.
- Everyday’s business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom Everyday shares that personal information.
- The specific pieces of personal information Everyday collected about you (also called a data portability request).
- If Everyday sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Everyday delete any of your personal information that Everyday collected from you and retained, subject to certain exceptions. Once Everyday receives and confirms your verifiable consumer request, Everyday will delete (and direct our service providers to delete) your personal information, unless an exception applies.
Everyday may deny your deletion request if retaining the information is necessary for Everyday or its service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the Illinois Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Sending a letter to us at Everyday Capital Ventures LLC, Co. at 651 North Broad Street, Suite 201, Middletown, Delaware, 19709
Only you, or a person registered with the Illinois Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows Everyday to reasonably verify you are the person about whom Everyday collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows Everyday to properly understand, evaluate, and respond to it.
Everyday cannot respond to your request or provide you with personal information if Everyday cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Everyday. Everyday will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
Everyday endeavours to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to 90 days), Everyday will inform you of the reason and extension period in writing.
If you have an account with Everyday, Everyday will deliver its written response to that account. If you do not have an account with Everyday, Everyday will deliver its written response by mail or electronically, at your option.
Any disclosures Everyday provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response Everyday provides will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, Everyday will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Everyday does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Everyday determine that the request warrants a fee, Everyday will tell you why it made that decision and provide you with a cost estimate before completing your request.
Other Illinois Privacy Rights
Illinois’s Personal Information Protection Act (815 ILCS 530) permits users of Everyday’s website that are Illinois residents to request certain information regarding Everyday’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@everydayco.us.
Updating This Statement
Everyday may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.
Other Websites
everydayco.us, the Newsletter, Podcast, Advisor, Travel, Capital, Content, Hospitality and Library contain links to other websites and embedded links to other content on the Internet, such as tweets and YouTube videos. Everyday Capital Ventures LLC is not responsible for the contents of those third-party websites or for any third party’s privacy policies or practices.
Ethics & Disclosures
Everyday may hold client relationships or own assets that are discussed in its media output. No media is investment advice and is intended for informational and entertainment purposes only. You should do your own research and make your own independent decisions when considering any financial transactions.
While most of our client work is confidential, we will do my utmost to disclose when writing about somebody we work with. In an interconnected world, it’s almost impossible not to have a conflict of interest. At the end of the day, we’re putting my name, brand, track record and dollars on the line. I think this is the best form of accountability and trust.
Contact Everyday
If you have any questions, complaints, or requests concerning your data, this privacy policy, or Everyday’s treatment of your personal information, please write:
by email to hello@everydayco.us; or
by post to 651 North Broad Street, Suite 201, Middletown, Delaware, 19709
Updated Sept 1, 2024