We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials at our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services without notice for any reason whatsoever.
Always use caution when giving out personally identifying information about yourself in any Communication Service. We do not control or endorse the Content, messages, or information found in any Communication Service, and, therefore, we expressly disclaim any liability about the Communication Services and any actions resulting from your participation in any Communication Service.
Materials Provided to EVOKNOW.COM
We do not claim ownership of the materials you provide to EVOKNOW.COM (including feedback and suggestions) or post, upload, input, or submit to any Services or its associated services for review by the general public or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") your Submission, you are granting EVOKNOW.COM, its affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all EVOKNOW.COM Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid concerning using your Submission as provided herein. EVOKNOW.COM is under no obligation to post or use any Submission you may provide, and EVOKNOW.COM may remove any Submission at any time in its sole discretion.
By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Links to Third-Party Sites
The Site may contain links to websites operated by parties other than EVOKNOW.COM (each a "Third Party Site"). We do not control such Third Party Sites and are not responsible for their Content, products, services, or practices. EVOKNOW.COM's inclusion of links to Third Party Sites does not imply any endorsement of the material on these Third Party Sites or any association with their operators. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, Trojan horses, defects, and other items of a destructive nature. These sites and services are only for your convenience, and you access them at your own risk.
Intellectual Property Rights
The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof ("Site Content"), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The collective work includes works that are licensed to the Company. EVOKNOW.COM owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing those materials. You must not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. You must have the express written permission of the Company to modify, transmit, distribute, publicly display or publicly perform, reproduce, reuse, repost, publish, license, print, download, or use in any way any material or information from EVOKNOW.COM, or obtained through EVOKNOW.COM, for commercial uses or any non-personal or non-noncommercial purpose, without first obtaining the Company's express written permission.
You may not use EVOKNOW.COM logos or other proprietary graphics or trademarks as part of the link without express written permission.
You may print pages from our website for your own personal and non-commercial use, provided you do not remove any copyright or other proprietary notices. EVOKNOW.COM reserves all rights not expressly granted in and to the Site. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted herein. We reserve the right to revoke the authorization to print, download, copy, redistribute, or display Site Content at any time and for any reason in our sole discretion. For purposes of these Terms, any use of Content on any other website or networked computer environment for any purpose is prohibited. The distinguished look and feel of EVOKNOW.COM and the EVOKNOW.COM Services, including all page headers, custom graphics, button icons, and scripts, is the trade dress and trademark of EVOKNOW.COM and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EVOKNOW.COM.
Your Conduct
You must only use the Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or restricts or inhibits anyone else's enjoyment of the Services. Content, conduct, and activities on the Services must comply with applicable laws and regulations in the jurisdictions where you use the Services and must not be unacceptable, abusive, obscene, or offensive.
We have the right, but not the obligation, to monitor any activity and Content associated with the Services. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate. Such action may include but is not limited to issuing warnings, suspension or termination of Service, denying access, and removing any materials on the Site, including your Submissions, that we believe to violate these Terms.
EVOKNOW.COM has no liability or responsibility to users of the Services or any other person or entity for the performance or nonperformance of the activities above.
Product Specifications
We may provide specifications, descriptions, feature lists, sizing guides, and other details about the products available on the Services ("Product Specifications"). While we try to be as accurate as possible, the Content may only sometimes reflect the complete details, specifications, sizing, etc., about products featured on the Site. Therefore, Specifications are approximations intended as general guidelines only and do not constitute any warranty as to the information contained herein. You should always verify the actual measurements, sizing, specifications, features, etc., of a product before purchasing it.
It is your sole responsibility to inquire with the manufacturer or supplier regarding the accuracy of any Specifications provided before relying on them in any way. To the extent EVOKNOW.COM provides Specifications for your convenience, EVOKNOW.COM does not independently verify or confirm the accuracy or completeness of any Product Specifications.
Product Availability
We display accurate product availability, pricing, and related information on the Site. However, please note that this information does not represent an offer to sell or a solicitation of an offer to buy any products displayed on this Site. Unless otherwise stated, pricing is subject to change without notice.
While we try to ensure product information is correct, manufacturers may alter their products or specifications and product packaging without notice. EVOKNOW.COM makes no representations or warranties that the products displayed on the Site are available for purchase in your location or that any promotions or discounts apply. Whether a product is displayed on the Site differs from its availability for purchase in your location. You should contact the applicable manufacturer or supplier regarding availability.
Billing & Payments
By providing EVOKNOW.COM a Payment Method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your Payment Method for the products and services you purchase (including any applicable taxes and other charges). If the Payment Method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled automatically.
You must resolve any problem we encounter to proceed with your order. In addition, you authorize us (and our third-party payment processor) to charge your Payment Method automatically in advance periodically for recurring Services you subscribe to.
Refunds
Generally, any purchases are non-refundable, and EVOKNOW.COM does not provide refunds or credits for any partial use of a service, unused services, or any cancellation or termination of Service for any reason. Please see the refund policy applicable to your specific purchase for any exceptions. Where refunds are available, typically, only your most recent payment will be refundable.
Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may discontinue using the Service.
All provisions of Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless EVOKNOW.COM and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall EVOKNOW.COM, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service.
- Any conduct or Content of any third party on the Service.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
EVOKNOW.COM, its subsidiaries, affiliates, and licensors do not warrant that:
The Service will function uninterrupted, secure, or available at any particular time or location.- Any errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will EVOKNOW.COM ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by EVOKNOW.COM or any person for whom EVOKNOW.COM is responsible, and even if EVOKNOW.COM has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed by the laws of California and the United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Mateo County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights or as otherwise required under these Terms and Conditions. You agree to waive any objections to exercising jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen by the Arbitration and Internal Rules of the American Arbitration Association ("AAA Rules"). The seat of the arbitration shall be California. The language of the arbitration shall be English.
Any hearings will take place at a location chosen by the AAA Rules. The governing law of the contract shall be the substantive law of California.
The parties shall not challenge the arbitration award. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator may award reasonable attorney fees and costs to the prevailing party.
Waiver and Severability
No waiver by the Company of any term or condition outlined in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Suppose any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and EVOKNOW.COM concerning the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Site.
Your Comments and Concerns
EVOKNOW.COM operates this website. All notices of copyright infringement claims should be sent to legal@evoknow.com
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to support@evoknow.com.
Thank you for visiting the EVOKNOW.COM website.