Effective date: Dec 4, 2019
Website Terms of Service
1. Scope; Acceptance of Terms
EVOLution. (“EVOLution”; “we”; “us”) asks you to review these terms of service (“Terms”). The provisions contained in these Terms—effective as of the date specified below—govern your access to and use of the website https://www.evolutionspc.com/ and all pages combined within them that are owned or operated by EVOLution, including but not limited to text, content, photographs, video, audio, graphics, and services therein (collectively, the “Site”).
Please read these Terms carefully before using the Site, and please consult them regularly. By accessing or using the Site or its services (including but not limited to donating online to EVOLution), you signify your acceptance of and agreement with all provisions of these Terms, in addition to our Privacy Policy, available at https://www.evolutionspc.com/privacy-policy (“Privacy Policy”). If you do not agree to these Terms and/or our Privacy Policy, you should elect not to visit the Site.
2. Changes to Terms
EVOLution reserves the right to change these Terms at any time at its sole discretion. Such changes will be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of all provisions in the revised Terms.
3. Prohibited Uses; Right to Terminate Access
You agree to use the Site only for lawful and legitimate purposes, and to do so in accordance with these Terms.
You agree not to use the Site to, in any way:
violate any applicable federal, state, local, or international law or regulation;
exploit, harm, or attempt to exploit or harm minors, including but not limited to exposing them to inappropriate content or improperly asking them for personally identifiable information;
threaten, harass, or otherwise inappropriately abuse others, including but not limited to EVOLution, its employees, agents, affiliates, contractors, service providers, or Site users;
send, knowingly receive, upload, download, use, or reuse any content which does not comply with these Terms;
copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use any of the content on our Site without prior written permission from EVOLution (which must be sought via the contact information provided below);
“spam,” gather, or attempt to gather personally identifiable information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise improperly soliciting or abusing EVOLution or Site users;
engage in dishonest or deceptive behavior, including but not limited to impersonating or attempting to impersonate another person or entity, or attempting to gain unauthorized access to any part of the Site, or the computers, servers, or databases connected thereto;
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm EVOLution, its employees, agents, affiliates, contractors, or service providers, the Site, Site users, or expose such persons or entities to liability; or
otherwise attempt to interfere with the proper functioning and/or operation of the Site. EVOLution reserves the right to terminate the Site or your access to it for any reason, at our sole discretion, including but not limited to your violation of these Terms by engaging in the prohibited uses described above.
4. Account Registration and Security
As a condition to using certain aspects of the Site, you may be required to create an Account and select a password. If you choose to create an Account, you must provide EVOLution with accurate, complete, and updated registration information, particularly your email address or cell phone number; failure to do so may result in suspension of your Account. You also agree to notify EVOLution immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Warranty Disclaimer; Site Available “As-Is”; License to Use Content
Your access to and use of the Site or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, EVOLUTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EVOLution makes no representations or warranties of any kind with respect to the Site, including any representation or warranty that the use of the Site will (a) be timely, uninterrupted, or operate in combination with any other hardware, software, system or data; (b) meet your requirements or expectations; (c) be free from errors, or that errors or defects will be corrected; or (d) be free of viruses or other harmful components.
EVOLution also makes no representations or warranties of any kind with respect to content; user-provided content, in particular, is solely the responsibility of, the user providing that content. EVOLution does not claim ownership of any content that you post on or through the Site. Instead, you hereby grant to EVOLution a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the Site, subject to these Terms and our Privacy Policy. No advice or information, whether oral or written, obtained from EVOLution or through the Site, will create any warranty not expressly made herein.
6. Release from Liability
YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, EVOLution, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, INTERNS, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES OF EVERY KIND AND NATURE (INCLUDING WITHOUT LIMITATION ACTUAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONCERNING THE SITE, INCLUDING WITHOUT LIMITATION THE FOLLOWING: DISPUTES BETWEEN USERS OF THE SITE, INCLUDING THOSE BETWEEN YOU AND OTHER USERS; THIRD PARTY SITES AND SERVICES, INCLUDING CONTENT FOUND ON SUCH SITES AND SERVICES; DISPUTES CONCERNING ANY USE OF OR ACTION TAKEN USING YOUR ACCOUNT BY YOU OR A THIRD PARTY; CLAIMS RELATING TO THE UNAUTHORIZED ACCESS TO ANY DATA COMMUNICATIONS OR CONTENT STORED UNDER OR RELATING TO YOUR ACCOUNT, INCLUDING UNAUTHORIZED USE OR ALTERATION OF SUCH COMMUNICATIONS OR YOUR CONTENT; OR CLAIMS RELATING TO ANY INVOLVEMENT WITH A THIRD PARTY WHILE IN THE COURSE OF USING THE SITE, WHETHER ON THE INTERNET, IN A PHYSICAL LOCATION, OR OTHERWISE. YOU UNDERSTAND THAT SUCH THIRD PARTY IS NOT A REPRESENTATIVE, EMPLOYEE, AGENT, OR AFFILIATE OF EVOLUTION, AND SHALL NOT BE CONSIDERED AS SUCH FOR ANY PURPOSE WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVOLUTION, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SITE, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EVOLUTION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF EVOLUTION AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE (which is zero). Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.
7. Copyright Claims
If you believe that your copyrighted work has been copied by EVOLution in a manner that constitutes copyright infringement, please provide EVOLution the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EVOLution to locate the content;
information reasonably sufficient to permit EVOLution to contact you, including at least your name, address, and telephone number.
a statement that you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can email any inquiries to info@evolutionspc.com
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization to post and use the material in your content, you may send a counter-notice to EVOLution (see 17 U.S.C. § 512(g)(3) for further detail).
8. Governing Law; International Users
You agree that your use of this Site, these Terms, our Privacy Policy, and any controversy, claim, or dispute relating thereto, shall be governed in all respects by the laws of the State of North Carolina, excluding its conflicts of law rules. Any dispute relating to this Site, our Terms, or our Privacy Policy shall be resolved solely in the state or federal courts located in Raleigh, North Carolina to whose jurisdiction and venue you hereby expressly consent. In addition, you hereby waive the right to bring or participate in any claim against EVOLution, its employees, agents, or affiliates, as a class action, consolidated, multi-district, or collective action, or private attorney general action. If EVOLution prevails against you in any arbitration or proceeding concerning these Terms or our Privacy Policy, we shall be entitled to recover our legal costs, including attorneys’ fees, in addition to all other available legal and equitable relief.
EVOLution and the Site are operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Site and/or providing EVOLution with your information, you consent to that collection and transfer.
9. Entire Agreement; Severability
These Terms together with our Privacy Policy constitute the entire agreement between you and EVOLution, superseding any other written or oral agreements or understandings. If a Court or other tribunal finds any provision of these Terms or our Privacy Policy to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.
10. Contact Us
For questions relating to these Terms or our Privacy Policy, please email us at info@evolutionspc.com.
11. Effective Date
These Terms were last updated on Dec 4, 2019.