| Conversion action | Online purchase with processed valid payment |
|---|---|
| Cookie days | 90 days |
| Commission type | Percent of Sale |
| Base commission | 15.00% |
| Additional terms | Regular commission is 15%. |
EVOLVh Affiliate Agreement
3105 Highland AvenueTHE AGREEMENT:
This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": EVOLVh Inc. Our primary website is located at the address listed above. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a
lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our
Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
The Affiliate Application may be found at the following website: https://evolvh.refersion.com/.
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
5) NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure
your account is set up thoroughly, including specific payout information and
location (such as a bank or online account which we may use to post payment).
Please be advised the below is a general description of the
Affiliate Program. Everything contained in this subsection is subject to the
specific terms and conditions throughout the rest of this Agreement.
We will provide you with a unique link (collectively, the
"Link"). The Link will be keyed to your identity and will send online
users to the Company's website or websites. You hereby agree to fully cooperate
with us regarding the Link and that you will explicitly comply with all of the
terms of this Agreement for the promotion of the Link at all times. We may
modify the specific link or links and will notify you if we do so. You agree to
only use links which are prior approved by us.
Each time a user clicks through the Link posted on the Affiliate
Site and completes the sale of the product or service and we determine it is a
Qualified Purchase, as described below, you will be eligible to receive the
following percentage of the sale: 15% (fifteen percent).
Affiliates may also be given their own unique discount code (collectively, the
"Discount Code") to share with their communities so the user can receive 15% off at evolvh.com, as well as trigger the affiliate's 15% commission. This code is for a one-time purchase per customer, and cannot be combined with any other promos/discounts.
7) SPECIFIC TERMS APPLICABLE
We will determine whether payout is permissible in our sole and
exclusive discretion. We reserve the right to reject clicks and/or sales that
do not comply with the terms of this Agreement.
Processing and fulfillment of orders will be our responsibility.
We will also provide real-time data regarding your account with us through the
portal on which you log into the website.
As described above, in order to be eligible for payout, user
purchases must be "Qualified Purchases." Qualified Purchases:
a) Must not be referred by any other partner or affiliate links of
the Company (in other words, Qualified Purchases are only available through
your specific Affiliate Link;
b) May not be purchased by an already-existing partner or
affiliate of the Company;
c) May not be purchased prior to the Affiliate joining the
Affiliate Program;
d) May only be purchased through a properly-tracking Affiliate
Link;
e) May not be purchased by a customer in violation of any of our
legal terms or Acceptable Use Policy;
f) May not be fraudulent in any way, in the Company's sole and
exclusive discretion;
g) May not have been induced by the Affiliate offering the
customer any coupons or discounts not approved by the Company
h) May not add your Discount Code to coupon sites. We check these sites frequently.
8) PAYOUT INFORMATION
a) Payouts are only available when a
threshold of the following amount is met: $50 (fifty US dollars).
b) Commissions are processed and paid the following month from when they were earned.
thirty days of your receipt of the payout. We will review each dispute
notification as well as the underlying payout transaction to which it is
related. Disputes filed after thirty days of payout will not be addressed.
9) REPORTS
your affiliation, such as payout reports and Qualified Click and/or Purchase
information. Please be advised however, that not all listed qualifying clicks
and/or purchases have been fully reviewed for accuracy in the reports viewable
by you in real-time and therefore may be subject to change prior to payout.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we accept you into the
Affiliate Program. It can be terminated by either Party at any time with or
without cause.
You may only earn payouts as long as you are an Affiliate in good
standing during the term. If you terminate this Agreement with us, you will
qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other
legal terms we have posted anywhere on our website or websites, you forfeit all
rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if
you violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Company or a third party,
failing to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full force and
effect.
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company
includes all copyrights, trademarks, trade secrets, patents, and other intellectual
property belonging to the Company ("Company IP").
Subject to the limitations listed below, we hereby grant you a
non-exclusive, non-transferable, revocable license to access our websites in
conjunction with the Affiliate Program and use the Company IP solely and
exclusively in conjunction with identifying our company and brand on the
Affiliate Site to send customers to the Affiliate links we provide. You may not
modify the Company IP in any way and you are only permitted to use the Company
IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are
using the Company IP in any manner not contemplated by this Agreement, we
reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of
the Company IP or any confusingly similar variation of the Company IP without
our express prior written permission. This includes a restriction on using the
Company IP in any domain or website name, in any keywords or advertising, in
any metatags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP
shall constitute unlawful infringement and we reserve all of our rights,
including the right to pursue an infringement suit against you in federal
court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name,
trademarks and servicemarks if applicable and other business intellectual
property to advertise our Affiliate Program.
12) MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify this
Agreement. You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to
this Agreement are in full force and effect immediately upon posting on the
Website and that modifications or variations will replace any prior version of
this Agreement, unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this Agreement. If we
update or replace the terms of this Agreement, we will let you know via
electronic means, which may include an email. If you don't agree to the update
or replacement, you can choose to terminate this Agreement as described below.
a) To the extent any part or subpart of this Agreement is held
ineffective or invalid by any court of law, you agree that the prior, effective
version of this Agreement shall be considered enforceable and valid to the
fullest extent.
b) You agree to routinely monitor this Agreement and refer to the
Effective Date posted at the top of this Agreement to note modifications or
variations. You further agree to clear your cache when doing so to avoid
accessing a prior version of this Agreement.
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form
any partnership, joint venture, agency, franchise, or employment relationship.
You are an independent contractor of the Company and will remain so at all
times.
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any
unlawful purpose or any purpose prohibited under this clause. You agree not to
use the Affiliate Program in any way that could damage our websites, products,
services, or the general business of the Company.
a) You further agree not to use the Affiliate Program:
I) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;
II) To violate any intellectual property rights of the Company or
any third party;
III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or
pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence,
hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE
We may monitor your account, as well as clicks and/or purchases
coming through your account. If we determine you are not in compliance with any
of the terms of this Agreement, we have the right to immediately terminate your
participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable
statutes, regulations, and guidelines set by the federal government, through
the Federal Trade Commission, as well as state and local governments as
mandated. The Federal Trade Commission requires that affiliate relationships,
such as the relationship between you and the Company, be disclosed to
consumers.
We recommend that you seek independent legal counsel to advise you
of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website
regarding the Affiliate Program. The notice does not have to contain the
precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through
clicks to our affiliate program through this website or we receive funds
through the sale of goods or services on or through this website. We may also
accept advertising and sponsorships from commercial businesses or receive other
forms of advertising compensation. This disclosure is intended to comply with
the US Federal Trade Commission Rules on marketing and advertising, as well as
any other legal requirements which may apply.
We also require you to comply with any and all applicable data
privacy and security laws and regulations, including all of those which may
impact your country of residence or your visitors. Such regulations include,
but are not limited to, any applicable laws in the United States or the General
Data Protection Regulation of the European Union. We also require that you
implement adequate organizational and technical measures to ensure an appropriate
level of security for the data that you process. Further, you hereby agree to
comply with any requests which we may make to you regarding compliance with the
General Data Protection Regulation or requests which you may receive from data
subjects.
If we find you are not in compliance with any of the requirements
of this subpart, we may terminate our relationship with you at our sole and
exclusive discretion.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through
any unauthorized access, circumvention of encryption or other security tools,
data mining or interference to any host, user or network.
17) DATA LOSS
The Company does not accept responsibility for the security of
your account or content. You agree that your participation in the Affiliate
Program is at your own risk.
18) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its
agents (if applicable) and hold us harmless against any and all legal claims
and demands, including reasonable attorney's fees, which may arise from or
relate to your use or misuse of the Affiliate Program, your breach of this
Agreement, or your conduct or actions. You agree that the Company shall be able
to select its own legal counsel and may participate in its own defense, if the
Company wishes.
19) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for
illegal spam activities, including gathering email addresses and personal
information from others or sending any mass commercial emails.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the
Parties with respect to the Affiliate Program. This Agreement supersedes and
replaces all prior or contemporaneous agreements or understandings, written or
oral.
21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate
Program to perform maintenance or emergency services on a scheduled or
unscheduled basis. You agree that your access may be affected by unanticipated
or unscheduled downtime, for any reason, but that the Company shall have no liability
for any damage or loss caused as a result of such downtime.
22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole
and exclusive risk and that any services provided by us are on an "As
Is" basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to the implied
warranty of fitness for a particular purpose and the implied warranty of
merchantability. The Company makes no warranties that the Affiliate Program
will meet your needs or that it will be uninterrupted, error-free, or secure. The
Company also makes no warranties as to the reliability or accuracy of any
information. You agree that any damage that may occur to you, through your
computer system, or as a result of loss of your data from your use of the
Affiliate Program is your sole responsibility and that the Company is not
liable for any such damage or loss.
23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as
a result of your participation in the Affiliate Program, to the fullest extent
permitted by law. The maximum liability of the Company arising from or relating
to this Agreement is limited to one hundred ($100) US Dollars. This section
applies to any and all claims by you, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to
this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your
participation in the Affiliate Program, you agree that California shall govern
any matter or dispute relating to or arising out of this Agreement, as well as
any dispute of any kind that may arise between you and the Company, with the
exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to
submit to the personal jurisdiction of the state and federal courts of the
following county: Sonoma County, California. The Parties agree that this choice
of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue,
including assertion of the doctrine of forum non conveniens or similar
doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating
to or arising out of this Agreement, the Parties shall first attempt to resolve
the dispute personally and in good faith. If these personal resolution attempts
fail, the Parties shall then submit the dispute to binding arbitration. The
arbitration shall be conducted in the following county: Sonoma County. The
arbitration shall be conducted by a single arbitrator, and such arbitrator
shall have no authority to add Parties, vary the provisions of this Agreement,
award punitive damages, or certify a class. The arbitrator shall be bound by
applicable and governing Federal law as well as the law of California. Each
Party shall pay their own costs and fees. Claims necessitating arbitration
under this section include, but are not limited to: contract claims, tort
claims, claims based on Federal and state law, and claims based on local laws,
ordinances, statutes or regulations. Intellectual property claims by the
Company will not be subject to arbitration and may, as an exception to this
subpart, be litigated. The Parties, in agreement with this subpart of this
Agreement, waive any rights they may have to a jury trial in regard to arbitral
claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder,
may not be assigned, sold, leased or otherwise transferred in whole or part by
you. Should this Agreement, or the rights granted hereunder, by assigned, sold,
leased or otherwise transferred by the Company, the rights and liabilities of
the Company will bind and inure to any assignees, administrators, successors,
and executors.
E) SEVERABILITY: If any part or subpart of this Agreement is held
invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and subparts will be enforced to the maximum extent possible.
In such condition, the remainder of this Agreement shall continue in full
force.
F) NO WAIVER: In the event that we fail to enforce any provision
of this Agreement, this shall not constitute a waiver of any future enforcement
of that provision or of any other provision. Waiver of any part or subpart of
this Agreement will not constitute a waiver of any other part or subpart.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts
under this Agreement are for convenience and organization, only. Headings shall
not affect the meaning of any provisions of this Agreement.
H) FORCE MAJEURE: The Company is not liable for any failure to
perform due to causes beyond its reasonable control including, but not limited
to, acts of God, acts of civil authorities, acts of military authorities,
riots, embargoes, acts of nature and natural disasters, and other acts which
may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications
are permitted to both Parties under this Agreement, including email or fax.
For any questions or concerns, please email us at the following address:
[email protected] or call us anytime at 866-851-9411.
We at evolvh.com respect your privacy and value the relationship we
have with you. Your visit to our website is subject to these Privacy
Policy and our Terms and Conditions.
This Privacy Policy describes the types of personal information we
collect at the EVOLVh website. Our Privacy Policy also describes the
measures we take to protect the security of this information as well as
how you may reach us to update your contact information, remove your
name from our mailing list or ask us any questions you may have about
our use of your personal information. It also explains how you may elect
to stop receiving communications about our products and services.
Please note that this Privacy Policy governs only information
provided to evovh.com. It does not govern any other information or
communications that may reference EVOLVh, e.g., communications from
EVOLVh counters located within brick and mortar retail stores and
salons.
Information we collect and how we use it.
You may choose to provide us with personal information when you visit
our Site. For example, if you decide to complete a user registration
form, complete an online survey, or make a purchase, you may be asked to
provide certain information such as your contact information (name,
email address, mailing address, and telephone number), age group, gender
and product and/or cosmetic concerns, and the brands and products you
use. If you decide to place an order, we will also need to know your
delivery and billing address, credit card number and expiration date. To
protect your personal information, users registering at the Site must
also enter a user name/email address and password.
If you would prefer that we not collect any personal information from you, please do not provide us with any such information.
Use of Personal Information by EVOLVh
If you so elect, the information you provide may be used by EVOLVh to
create and deliver to you emails such as our newsletters, surveys or
other email messages containing product and event information, cosmetics
tips or promotions ("Emails"). If you do elect to receive them and
later decide that you would no longer like to receive these Emails, see
the "Your Choices" Section below. You may receive the benefit of hearing
from EVOLVh via mail or phone even if you have not elected to receive
Emails. If you do not wish to receive these communications, see the
"Your Choices" Section below.
If you have elected to provide us with your contact information, we
may provide you with service related announcements by any means,
including email, concerning the Site or contact you regarding your
customer service requests or questions or your order. For example, all
registered users will receive a welcoming email to confirm their
registration. These types of communications are necessary to serve you,
respond to your concerns and to provide the high level of customer
service that evolvh.com offers its customers.
We may use your personal information to provide you with customized
service and use of our Site. For example, we may suggest products that
would be of particular interest to you.
On occasion, EVOLVh may sponsor special events (such as contests,
sweepstakes or other offerings), questionnaires and surveys. There may
be specific rules applicable to these promotions that explain how any
personal information you provide will be processed. We strongly suggest
you review any applicable rules before participating. To the extent any
special event, questionnaire or survey is not subject to specific rules,
the processing of personal information is governed by this Privacy
Policy for the purposes set forth herein.
If you provide personal information, such as a resume, to us with
respect to employment opportunities with EVOLVh we will treat such
personal information as confidential and use it only to consider you for
current and future employment opportunities and to contact you with
respect to employment with us or our affiliates. An "Affiliate" is a
person or entity that directly or indirectly through one or more
intermediaries, controls or is controlled by, or is under common control
with, our company. We will retain your recruiting information for
further recruitment opportunities that may arise, unless you tell us
that you no longer wish for us to retain your information. EVOLVh is an
Equal Employment Opportunity/Affirmative Action employer. We affirm the
right of every person to participate in all aspects of employment
without regard to race, color, religion, national origin, age,
disability, creed, gender, marital status, sexual orientation, or status
with regard to public assistance, or other protected classifications.
EVOLVh does not solicit, recruit or manage any employment for or on
behalf of any third party owned salons or spas. This Site acts solely as
a venue for salons to post job opportunities and candidates to post
resumes, profiles, and/or portfolios. As a result EVOLVh has no control
over or responsibility over any such User Content including but not
limited to resumes, portfolios, job opportunities posted; or any
resulting hiring process; the truth or accuracy of any listings; the
ability of salons to offer job opportunities to candidates; or the
quality of candidates to fill job openings, and EVOLVh makes no
representations or warranties about any and all such User Content on
this Site.
We use various technologies to collect information about your visit
to our Site and to enhance and customize your experience on our Site.
For example, we may collect the numerical Internet Protocol (IP) address
identifying your computer or device which may indicate your geographic
location. In some instances, we may use these technologies in
combination with the personal information you provide on the Site. These
technologies may provide a variety of information such as whether you
have visited our Site before. They also may enable you to save your
preferences. Each technology is explained below.
Web beacons (also called clear gifs and pixel tags), tracking links
and/or similar technology consist of a few lines of code and are
embedded on the pages of our Site. They are often used in combination
with cookies and are often not visible to the user of the Site. Web
beacons may relay information to third parties such as our service
providers and may be used in order to track customer response to certain
advertising, to better target interactive advertising and to enhance
customer support and usability. If you reject our cookies (see "Cookies"
section below), you will prevent Web beacons from relaying this
information about you and may limit your use of some of our Site
features.
Browser cookies are bits of text that are placed on your computer's
hard drive when you visit our Site. Flash cookies are similar to browser
cookies except that they can store data more complex than simple text
and are stored in your browser rather than on your hard drive.
You can have your browser and/or plugs to your browser, such as
flash, notify you of, or automatically reject, cookies. Rejecting our
cookies will disenable the Coremetrics cookies (described below) as
well. If you reject our cookies or opt-out of the use of cookies, you
may still use this Site, but you may be limited in the use of some of
its features. Temporary or "session" cookies are used to help you shop
and will simply expire when you place an order.
We are continuously working to make your experience on our Site
better. To this end, we have retained a company, Coremetrics, to assist
us in better understanding your use of our Site. We will place cookies
on your computer to collect information that will show us how you come
to our Site and how you use and navigate our Site. Coremetrics does not
receive any personal information about you. Coremetrics tracks visitor
behavior on our Site through the use of an anonymous permanent cookie
which contains no personal information about you. Coremetrics is
contractually prohibited from using the data for any other purpose.
Coremetrics is required to maintain all data collected on our behalf in
confidence. You may deactivate the ability of Coremetrics to track your
behavior on the Site. To learn more about the various levels of privacy
and confidentiality you can select with respect to Coremetrics and to
exercise your choice, please click here.
We will not provide your personal information to third parties for
their use in marketing their products or services to you without your
consent except as described in the "Business Transfers" Section below.
In addition, we do not sell or otherwise disclose personal information
about our Site visitors except as described here.
We may share your personal information with our Affiliates that
distribute and market EVOLVh products. EVOLVh Affiliates may use this
information in accordance with this Privacy Policy. If you prefer that
we not share your personal information with EVOLVh Affiliates, please do
not provide it to us. We are unable to offer the benefits of the
evolvh.com to anyone who does not consent to the sharing of their
personal information with EVOLVh Affiliates.
We may retain other companies and individuals to perform functions on
our behalf consistent with this Privacy Policy. Examples include data
analysis firms, customer support specialists, email vendors, webhosting
companies and fulfillment companies (e.g., companies that coordinate
mailings). Such third parties may be provided with access to personal
information needed to perform their functions but may not use such
information other than on our behalf and in accordance with this Privacy
Policy.
In addition, in some instances, you may be offered the opportunity to
consent to the sharing of your information with a third party such as
an event or promotion co-sponsor. If you consent, we will share your
information with such third party and the information you provide may be
used by such third party for their own purposes and in accordance with
their own policies.
As we continue to develop our business, we might sell certain of our
assets. In such transactions, user information, including personal
information, generally is one of the transferred business assets, and by
submitting your personal information on the Site you agree that your
data may be transferred to such parties in these circumstances. You may
choose not to have your information transferred as a business asset by
contacting us as described in the "Your Choices" Section.
We may disclose any information we deem necessary, in our sole
discretion, to comply with any applicable law, regulation, legal process
or governmental request. In addition, we may disclose any information
when we believe, in our sole discretion, disclosure is necessary or
appropriate to prevent physical harm or financial loss or in connection
with suspected or actual illegal activity.
The EVOLVh Affiliates and third parties who may receive your personal
information in accordance with this Privacy Policy and the databases in
which your personal information is stored shall be located in the
United States and other countries which may not guarantee the same level
of protection for personal information as the one in which you reside.
If you are under thirteen years of age, you may browse our Site.
However, you may not provide personal information to us. This Site is
not directed to children under the age of thirteen and we do not
knowingly collect personal information from children under the age of
thirteen on the Site. If we become aware that we have inadvertently
received personal information from a visitor under the age of thirteen
on the Site, we will delete the information from our records.
We maintain reasonable safeguards for this Site to protect against
unauthorized disclosure, use, alteration or destruction of the personal
information you provide on the site. If you have any questions about
security at our Site, you can send an email to [email protected]
We may revise this Privacy Policy from time to time. If we decide to
change our Privacy Policy, we will post the revised policy here. We
suggest that you periodically consult this Privacy Policy. Please find
the effective date of the Privacy Policy at the top of this page.
If you would like to update your contact information, you may do so by sending an email to [email protected]
You may choose whether or not you would like to receive Email from
us. You may change your preferences with respect to Email at any time
clicking the "unsubscribe" link at the bottom of each Email you receive
from us, or emailing us at [email protected].
In addition if you would like to change your other preferences, e.g,
with respect to the transfer of data as described in the "Business
Transfers" Section, please contact us at [email protected].
We have taken great measures to ensure that your visit to our Site is
an excellent one and that your privacy is constantly respected. If you
have any questions, comments or concerns about our privacy practices,
please contact us by e-mail at [email protected] or telephone at
1.866.851.9411.
Copyright © EVOLVh Inc. All worldwide rights reserved.
EVOLVh.com provides the content and services available on the Site to
you subject to the following terms and conditions, our Privacy Policy
and other terms and conditions and policies which you may find
throughout our Site in connection with certain functionality, features
or promotions as well as customer service, all of which are deemed a
part of and included within these terms and conditions (collectively,
"Terms and Conditions"). By accessing or using the Site, you are
acknowledging that you have read, understand, and agree, without
limitation or qualification, to be bound by these Terms and Conditions.
1. Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
2. Products and Services for Personal Use
The products and services available on the Site, and any samples
thereof we may provide to you, are for personal use only. You may not
sell or resell any of the products or services, or samples thereof, you
purchase or otherwise receive from us. We reserve the right, with or
without notice, to cancel or reduce the quantity of any order to be
filled or products or services to be provided to you that we believe, in
our sole discretion, may result in the violation of our Terms and
Conditions.
3. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this
Site (such as order processing, shipping and handling, returns and
exchanges), click here for our FAQ.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products
on the Site; however, to the extent permitted by applicable law, we do
not warrant that the product descriptions, colors, information or other
content available on the Site are accurate, complete, reliable, current,
or error-free.
5. Intellectual Property
All information and content available on the Site and its look and
feel, including but not limited to trademarks, logos, service marks,
text, graphics, logos, button icons, images, audio clips, data
compilations and software, and the compilation and organization thereof
(collectively, the "Content") is the property of EVOLVh, our affiliates,
partners or licensors, and is protected by United States and
international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 6 below, or as
required under applicable law, neither the Content nor any portion of
the Site may be used, reproduced, duplicated, copied, sold, resold,
accessed, modified, or otherwise exploited, in whole or in part, for any
purpose without our express, prior written consent.
6. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of the Site. This limited license does not
include the right to: (a) frame or utilize framing techniques to enclose
the Site or any portion thereof; (b) republish, redistribute, transmit,
sell, license or download the Site or any and/or all Content (except
caching or as necessary to view the Site); (c) make any use of the Site
or any and/or all Content other than personal use; (d) modify, reverse
engineer or create any derivative works based upon either the Site or
any and/or all Content; (e) collect account information for the benefit
of yourself or another party; (f) use any meta tags or any other "hidden
text" utilizing any and/or all Content; or (g) use software robots,
spiders, crawlers, or similar data gathering and extraction tools, or
take any other action that may impose an unreasonable burden or load on
our infrastructure. You must retain, without modification, all
proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to
create a hyperlink to the home page of the Site for personal,
non-commercial use only. A website that links to the Site (i) may link
to, but not replicate, any and/or all of our Content; (ii) may not imply
that we are endorsing such website or its services or products; (iii)
may not misrepresent its relationship with us; (iv) may not contain
content that could be construed as distasteful, obscene, offensive
controversial or illegal or inappropriate for any ages; (v) may not
portray us or our products or services, in a false, misleading,
derogatory, or otherwise offensive or objectionable manner, or associate
us with undesirable products, services, or opinions; and (vi) may not
link to any page of the Site other than the home page. We may, in our
sole discretion, request that you remove any link to the Site, and upon
receipt of such request, you shall immediately remove such link and
cease any linking unless separately and expressly authorized in writing
by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our
Content automatically terminates the limited licenses set forth in this
Section 6 without prejudice to any other remedy provided by applicable
law or these Terms and Conditions.
7. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms
and Conditions and the special warnings or instructions for access or
use posted on the Site. You shall act always in accordance with the law,
custom and in good faith. You may not make any change or alteration to
the Site or any Content or services that may appear on this Site and may
not impair in any way the integrity or operation of the Site. Without
limiting the generality of any other provision of these Terms and
Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions, you shall be liable
for all the losses and damages that this may cause to EVOLVh, our
affiliates, partners or licensors.
8. Your Account
You may choose to create an account at our Site if you are over
thirteen (13) years of age. Do not register if you are not over thirteen
(13) years of age. If you are over thirteen (13) years of age and do
register, you will have an email address/username and password for your
account. You are responsible for maintaining the confidentiality of your
account, username and password and for restricting access to your
computer. You are responsible for keeping such information current,
complete, accurate and truthful. You agree to accept responsibility for
all activities that occur under your account, username and/or password.
You agree to provide only current, complete, accurate and truthful
information. If you are accessing and using the Site on someone else's
behalf, you represent that you have the authority to bind that person as
the principal to all Terms and Conditions provided herein, and to the
extent you do not have such authority you agree to be bound to these
Terms and Conditions and to accept liability for harm caused by any
wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts
without prior notice if these Terms and Conditions are violated or if we
decide, in our sole discretion, that it would be in EVOLVh's best
interests to do so.
9. Third Party Links
We are not responsible for the content of any off-website pages or
any other websites linked to or from the Site. Links appearing on the
Site are for convenience only and are not an endorsement by us, our
affiliates or our partners of the referenced content, product, service,
or supplier. Your linking to or from any off-website pages or other
websites is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-website
pages or any other websites linked to or from the Site, nor do we assume
any responsibility or liability for the actions, content, products, or
services of such pages and websites, including, without limitation,
their privacy policies and terms and conditions. You should carefully
review the terms and conditions and privacy policies of all off-website
pages and other websites that you visit.
10. Special Features, Functionality and Events
The Site may offer certain special features and functionality or
events (such as contests, sweepstakes or other offerings) which may (a)
be subject to terms of use, rules and/or policies in addition to or in
lieu of these Terms and Conditions; and (b) be offered by us or by third
parties. If so, we will notify you of this and if you choose to take
advantage of these offerings, you agree that your use of those offerings
will be subject to such additional or separate terms of use, rules
and/or policies.
11. Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and
ideas, any inquiries, feedback, suggestions, ideas or other information
you provide us (collectively, "Submissions") will be treated as
non-proprietary and non-confidential. Subject to the terms of our
Privacy Policy, by transmitting or posting any Submission, you hereby
grant us full ownership of the Submission as if we had created,
developed and posted the Submission for our own purposes. We reserve the
right to copy, use, reproduce, modify, adapt, translate, publish,
license, distribute, sell or assign the Submission in any way as we see
fit, including but not limited to copying in whole or in part, creating
derivative works from, distributing and displaying any Submission in any
form, media, or technology, whether now known or hereafter developed,
alone or as part of other works, or using the Submission within or in
connection with our products or services. You also acknowledge that your
Submission will not be returned and we may use your Submission, and any
ideas, concepts or know how contained therein, without payment of money
or any other form of consideration, for any purpose including, without
limitation, developing, manufacturing, distributing and marketing
products.
If you make a Submission, you represent and warrant that you own or
otherwise control the rights to your Submission. You further represent
and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false email address, impersonate any
person or entity, or otherwise mislead us as to the origin of any
Submission. You agree to indemnify us for all claims arising from or in
connection with any claims to any rights in any Submission or any
damages arising from any Submission.
12. User Content
When you transmit, upload, post, e-mail or otherwise make available
data, text, software, music, sound, photographs, graphics, images,
videos, messages or other materials ("User Content") on the Site, you
are entirely responsible for such User Content. Such User Content
constitutes a Submission under Section 11 above. This means that all
third parties, and not we, are entirely responsible for all User Content
that they post to the Site. You agree not to engage in or assist or
encourage others to engage in transmitting, uploading, posting,
e-mailing or otherwise making available on the Site User Content that
(a) is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (b) you do not have a right to make available under any
law or under contractual or fiduciary relationships; (c) is known by you
to be false, inaccurate or misleading; (d) you were compensated for or
granted any consideration by any third party; or (e) infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party. In addition, you agree not to transmit, upload, post,
e-mail, or otherwise make available any software viruses, unsolicited or
unauthorized advertising, solicitation or promotional material,
including chain letters, mass mailings, or any form of "spam." You
further agree not to (i) impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with any person or
entity; (ii) "stalk" or otherwise harass including advocating harassment
of another, entrap or harm any third party including harming minors in
any way; (iii) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any User Content; (iv) intentionally or
unintentionally violate any applicable local, state, national or
international law; or (v) collect or store personally identifiable data
about other users.
We do not endorse or control the User Content transmitted or posted
on the Site and therefore, we do not guarantee the accuracy, integrity
or quality of User Content. You understand that by using the Site, you
may be exposed to User Content that is offensive, indecent or
objectionable to you. Under no circumstances will we be liable in any
way for any User Content, including, without limitation, for any errors
or omissions in any User Content, or for any loss or damage of any kind
incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in
our sole discretion to refuse to post or remove any User Content and we
reserve the right to change, condense, or delete any User Content.
Without limiting the generality of the foregoing or any other provision
of these Terms and Conditions, we have the right to remove any User
Content that violates these Terms and Conditions or is otherwise
objectionable and we reserve the right to refuse service and/or
terminate accounts without prior notice for any users who violate these
Terms and Conditions or infringe the rights of others.
13. Copyright Complaints
We respect the intellectual property of others. If you believe that a
work has been copied on the Site in a way that constitutes copyright
infringement, please click here to notify us of a claimed infringement.
14. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A
RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE
SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY
OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING
HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR
OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR
YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE
USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU
MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM
OR ACTION AROSE.
15. Indemnification
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys' fees, resulting from
any third party claim, action, or demand resulting from your use of the
Site or breach of these Terms and Conditions. You also agree to
indemnify us for any loss, damages, or costs, including reasonable
attorneys' fees, resulting from your use of software robots, spiders,
crawlers, or similar data gathering and extraction tools, or any other
action you take that imposes an unreasonable burden or load on our
infrastructure.
16. Disputes
With respect to any dispute regarding the Site, all rights and
obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of New York, as if the Terms and
Conditions were a contract wholly entered into and wholly performed
within New York. Any dispute relating in any way to your visit to the
Site shall be submitted to confidential arbitration in New York and you
submit to the jurisdiction and proceedings thereof, except that, to the
extent you have in any manner violated or threatened to violate our
intellectual property rights or the intellectual property rights of our
affiliates, partners or licensors or otherwise have a cause of action in
equity, we may seek injunctive or other appropriate relief in any court
of competent jurisdiction and you consent to jurisdiction and venue in
any such court for such purposes. Arbitration under this agreement shall
be conducted under the Consumer-Related Disputes Supplementary Rules
then prevailing with the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under these Terms and Conditions shall be
joined to an arbitration involving any other party subject to this
Terms and Conditions, whether through class arbitration proceedings or
otherwise.
17. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other
communications (collectively, "Notices") to which these Terms and
Conditions refer from us electronically including without limitation by
e-mail or by posting notices on this Site. You agree that all Notices
that we provide to you electronically satisfy any legal requirement that
such communications be in writing. To withdraw your consent to receive
Notices electronically, you must notify us of your withdrawal of such
consent by emailing us at [email protected]
and discontinue your use of this Site. In such event, all rights
granted to you pursuant to these Terms and Conditions, including but not
limited to the limited licenses set forth in Section 6 hereof, shall
automatically terminate. Unfortunately, we cannot provide the benefits
of this Site to any user that cannot consent to receipt of Notices
electronically.
Please note that this consent to receive Notices is entirely separate
from any election you may make with respect to receipt of marketing
communications. Your options with respect to receipt of marketing
communications are set forth in our Privacy Policy.
18. General
You acknowledge and agree that these Terms and Conditions constitute
the complete and exclusive agreement between us concerning your use of
the Site, and supersede and govern all prior proposals, agreements, or
other communications.
We reserve the right, in our sole discretion, to change these Terms
and Conditions at any time by posting the changes on the Site and
providing notice of such change. Any changes are effective immediately
upon posting to the Site and release of notice of such change. Your
continued use of the Site thereafter constitutes your agreement to all
such changed Terms and Conditions. We may, with or without prior notice,
terminate any of the rights granted by these Terms and Conditions. You
shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise
between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or
invalid as a whole but these Terms and Conditions shall be modified, to
the extent possible, by the adjudicating entity to most fully reflect
the original intent of the parties as reflected in the original
provision.
If you have any questions regarding these Terms and Conditions, please email us at [email protected].
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe
that copyrighted materials have been copied in a way that constitutes
copyright infringement, please send an e-mail or written notice to our
Designated Agent for notices of infringement and provide the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright interest that you claim is
infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Copyright © EVOLVh Inc. All worldwide rights reserved.
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