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Terms & Conditions

This agreement is intended to help you understand the legal framework in which you participate on EVOLVER, what your rights and responsibilities are and what you can expect from us.

Eligibility

Use of and membership in EVOLVER is void where prohibited. By using EVOLVER, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of EVOLVER does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we have reason to believe that you are under 13 years of age, or in violation of any applicable law or regulation.

You are solely responsible for your interactions with other EVOLVER members. EVOLVER reserves the right, but has no obligation, to monitor disputes between you and other members.

You agree to comply with our site rules, including, specifically, the EVOLVER Privacy Policy and the Community Guidelines, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of EVOLVER and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access EVOLVER or collect information from it.

Content

Please choose carefully the information you post on EVOLVER and that you provide to other users. Your EVOLVER profile may not include the following items: photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other EVOVLER Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EVOLVER assumes no responsibility or liability for this material. If you become aware of misuse of the EVOLVER site by any person, please contact EVOLVER at admin@evolver.net.

EVOLVER may delete any content that in the sole judgment of EVOLVER violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. EVOLVER assumes no responsibility for monitoring the EVOLVER site for inappropriate content or conduct. If at any time EVOLVER chooses, in its sole discretion, to monitor the EVOLVER site, EVOLVER nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You are solely responsible for the content that you post on or through the EVOLVER site, any material or information that you transmit to other members, and for your interactions with other users. EVOLVER does not endorse and has no control over the content. Content is not necessarily reviewed by EVOLVER prior to posting and does not necessarily reflect the opinions or policies of EVOLVER. EVOLVER makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.

You retain all ownership rights to profile information and content you publish on EVOLVER (your "Content"). However, you grant EVOLVER a nonexclusive, royalty-free, perpetual right to use such Content on the EVOLVER site. You grant EVOLVER and its affiliates and sub-licensees the right to use the name that you submit in connection with such Content, if they choose. We can publish all or teaser portions of your Content online. We ask that you refer or provide links to EVOLVER if you choose to republish your Content elsewhere.

If you believe content on EVOLVER infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at admin@evolver.net. Please make sure your notice meets the Digital Millennium Copyright Act requirements:

http://www.copyright.gov/legislation/dmca.pdf.

PROHIBITED ACTIVITY

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the EVOLVER site. EVOLVER reserves the right to investigate and take appropriate legal action against anyone who, in EVOLVER's sole discretion, violates this provision, including without limitation, removing the offending communication from the EVOLVER site and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of EVOLVER:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, violence, or offensive subject matter or contains a link to an adult website;
* solicits personal information from anyone under 18;

  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
* involves commercial activities and/or sales without our prior written consent such as advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent; or uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

Liability Limits

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF EVOLVER, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE EVOLVER TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $500. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD EVOLVER LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF EVOLVER.

Governing Law/Arbitration

This agreement is governed by New York law as such laws apply to agreements entered into and to be performed entirely within New York between New York residents. Any claim arising out of or relating to this agreement or EVOLVER shall be settled by binding arbitration in New York, NY in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (a) each of us may seek interim relief from a New York, NY court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Integration

This agreement and our privacy policy (which is part of this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to EVOLVER, which take effect when we post them. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.

General

EVOLVER AND ITS SERVICES ARE PROVIDED "AS IS." We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with EVOLVER. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.

 

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.
 Provide us with feedback on our products or services
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
    •     To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
    •     To improve our website in order to better serve you.
    •     To allow us to better service you in responding to your customer service requests.
    •     To administer a contest, promotion, survey or other site feature.
    •     To quickly process your transactions.
    •     To ask for ratings and reviews of services or products
    •     To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We do not use Malware Scanning.
We do not use an SSL certificate
• We do not need an SSL because:
We utilize full SSL encryption during the entire checkout process.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
    •     Help remember and process the items in the shopping cart.
    •     Understand and save user's preferences for future visits.
    •     Keep track of advertisements.
    •     Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
 If users disable cookies in their browser:
If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly.
However, you will still be able to place orders
Features disabled will vary by disabling cookies
By using Evolver.net and agreeing to these terms and conditions, you consent to Evolver.net use of cookies in accordance with the terms of Evolver.net privacy policies & cookies policies.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We may use Google Analytics and/or AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
 We have implemented the following:
    •     Remarketing with Google AdSense
    •     Google Display Network Impression Reporting
    •     Demographics and Interests Reporting
    •     DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.
 You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By emailing us
How does our site handle Do Not Track signals?
We don't honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don't honor them because:
Varies based on browser
Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Other
Upon knowledge of such instance and reasonable time to implement outreach to users.
We will notify the users via in-site notification
• Other
Upon knowledge of such instance and reasonable time to implement outreach to users.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
    •     Send information, respond to inquiries, and/or other requests or questions
    •    Process orders and to send information and updates pertaining to orders.
    •    Send you additional information related to your product and/or service
    •     Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
    •     Not use false or misleading subjects or email addresses.
    •     Identify the message as an advertisement in some reasonable way.
    •     Include the physical address of our business or site headquarters.
    •     Monitor third-party email marketing services for compliance, if one is used.
    •     Honor opt-out/unsubscribe requests quickly.
    •     Allow users to unsubscribe by using the link at the bottom of each email.
    •     If at any time you would like to unsubscribe from receiving future emails, you can email us at
    •     Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.