GENERAL

These terms of use (“Terms of Use”) set forth herein apply to the web site owned, operated, licensed, and/or controlled by EVOLV SURFACES, INC. and/or its affiliates (collectively, “The Company”, “Our”, or “We”), located at the following domain address: http://www.evolvsurfaces.com (the “Web Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using, accessing or browsing through this Web Site you (the “user”, “you”, and “your”, as applicable) signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site.

Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the Web Site to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the Web Site, shall constitute your consent to the new or revised Terms of Use.

 

RESTRICTIONS ON USE OF CONTENT AND MATERIALS

This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside.  If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Web Site without the accompaniment and supervision of your parent or legal guardian.  If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Web Site by children, minors and others under your care, and you agree to be responsible for their use of this Web Site.  Any use of this Web Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Web Site and/or any affiliated services.

All information, product information, content and/or material posted on the Web Site (“Materials”) are the property of the Company, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights.

We grant you a limited, nonexclusive, and revocable license to make use of the Web Site and Materials, including on any mobile devices you may own. This license does not include any rights not specifically enumerated herein.  You agree to use this Web Site only for lawful purposes and in accordance with the terms and conditions contained herein. No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.

Without altering the scope of the license, and except as expressly provided for in these Terms of Use, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Materials or any of the content on the Web Site, including but not limited to the trademarks and copyrights of the Company and its affiliates, or to make derivative use of the Web Site or its contents; (b) to make commercial use of the Web Site or Materials; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Web Site; (d) to reverse engineer, decompile or disassemble the Web Site, or to convert into human readable form any of the contents of this Web Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Web Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Web Site; (f) to violate or attempt to violate the security of the Web Site, (g) to interfere with or attempt to interfere with the proper working of the Web Site or otherwise engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by us, may harm the Company or users of the Web Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the  Web Site; (i) to attempt to gain unauthorized access to any portion of the Web Site or any systems or networks connected to the Web Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Web Site to feed any downstream product, application or website. You may download, where specifically permitted, one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Use of the Materials for any purpose that is inconsistent with these Terms of Use, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited and shall be deemed a violation of the Company's copyright and other proprietary (including intellectual property) rights.

You agree not to use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity, to stalk or harass other users of the Web Site, or to engage in any other activity which infringes the rights of the Company or any other third parties.  You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or any systems or networks connected to the Web Site.

MOBILE USAGE

The Company may offer the Web Site and related services through a mobile application available for download through the Apple App Store, Google Play, or other related mobile application stores (the “Mobile App”).  Any use of the Mobile App is subject to these Terms of Use.  To the extent any additional terms and conditions apply to you if using the Mobile App through the Apple App Store, Google Play, or other related mobile applications, these Terms of Use will control.   The Company grants you a limited, nonexclusive, nontransferable, and revocable license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile devices and for your personal, noncommercial use.

SITE PROMOTIONS

The Company is not responsible for typographical or other errors or omissions regarding products, services, prices, or other information provided on this Web Site.  All Web Site product and/or service sales and promotions are subject to these Terms of Use, in addition to any other terms that may apply.  Promotional offers and prices are available for a limited time as specified on the Web Site.  Prices, promotions and availability are subject to change without prior notice.

PATENTS

Without limiting any of the foregoing or hereunder, the Company's or any of its affiliates’ products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and the Company and/or its affiliates reserves all such rights.

TRADEMARKS

Without limiting any of the foregoing or hereunder, EVOLV™ SURFACES, INC., the Company's logo and other trademarks included in the Web Site are trademarks of the Company. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by the Company.

INTELLECTUAL PROPERTY INFRINGEMENT POLICY

The Company respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights.  The Company reserves the right to remove access to infringing material posted to the Web Site.  Such actions do not affect or modify any other rights the Company may have under law or contract.

If you believe that any portion of the material submitted through the Company’s Web Site infringes your copyright, notify the Company of your claim in accordance with the following procedure.  We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written Notification must be submitted to the Company’s Designated Agent:

 

Rubin Turner
Turner Friedman Morris & Cohan, LLP
8383 Wilshire Blvd., Suite 510
Beverly Hills, CA 90211
rturner@tfmclaw.com

To be effective, the Notification must be in writing and contain the following information:

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 site are covered by a single notification, a representative list of such works at that site; Identification of the material 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information outlined above, the Company will:

Remove or disable access to the material that is alleged to be infringing; Forward the written notification to such alleged infringer; Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:

A physical or electronic signature of the alleged infringer; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which the Company may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

Upon receipt of a Counter Notification containing the information outlined above, the Company will:

promptly provide the complaining party with a copy of the Counter Notification; inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided the Company’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on the Company’s network or system.

This process only relates to reporting a claim of copyright infringement.  Messages related to other matters will not receive a response through this process.

DOWNLOADS

Any download of data and/or files from the Web Site shall be at your own risk. The Company Shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THE WEB SITE

Unless you have a written agreement or a specific consent in effect with the Company which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that the Company is affiliated with any person or entity, or that the Company otherwise endorses, sponsors or is affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks; (c) all links to the Web Site  must “point” to the URL “http://www.evolvsurfaces.com” and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.

Without limiting any of the above, the Company reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.

DISCLAIMER

THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY TO ACCESS ITS SERVICES AND/OR WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree that if you are dissatisfied with the Web Site or any services offered in connection with the Web Site, if you do not agree with any these Terms of Use, or you have any other dispute or claim with or against the Company with respect to these Terms of Use or the Web Site, your sole and exclusive remedy is to discontinue using the Web Site and any services offered in connection with the Web Site.

 

INDEMNIFICATION

You agree to defend, indemnify and hold the Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms of Use.

THIRD PARTY’S CONTENT

To the extent that the Web Site contains links or any other information to outside services and resources, the Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.

 

NO ENDORSEMENT

No reference made in this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of the Company, constitute or imply an endorsement, recommendation or favoring by the Company.

 

RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

The Company reserves the right to limit or revoke your access to this Web Site in its sole discretion, at any time, and for any reason or for no reason, including, but not limited to technical difficulties or violation of these Terms of Use. The Company further reserves the right, in its sole discretion, to refuse service, to block or prevent future access to and use of this Web Site and to alter or delete any material submitted to the Web Site.  Following termination of this license, the terms of these Terms of Use shall still apply to the extent practicable.

 

PRIVACY POLICY

By visiting or using this Site, contacting us through this Site or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement.  A copy of the Privacy Policy can be accessed here:  https://www.evolvsurfaces.com/privacy-policy/

 

GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of United States of America (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). The parties agree to submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction in the United States of America. You further agree to file any cause of action with respect to these Terms of Use within one year after the cause of action arises.  You agree that a cause of action filed after this date is barred.

If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and the Company with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. The Company may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by the Company of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

 

CONTACT US

Please feel free to direct any questions or concerns regarding these Terms of Use by contacting us through our online contact form, available at:  https://www.evolvsurfaces.com/contact/

These Terms of Use were posted on: January 2019