TERMS OF USE 4/3/2017                                                                                            

Acceptance of the Terms of Use

 

 

We appreciate your use of our Website. The rules for access and use of our Website are laid out below in these terms of use which may reference and incorporate other documents, such as our Privacy Policy, Sales Agreement (https://www.EvolusionMarine.com/salesagree.htm), International Sales Agreement (https://www.sEvolusionMarine.com/intlsales.htm), Warranties Policy (https://www.EvolusionMarine.com/w_policy.htm), Warranty Claims (https://www.EvolusionMarine.com/w_claim.htm), and Shipping Rates (https://www.EvolusionMarine.com/rates.htm) (“Terms of Use”). By accessing and using this Website you agree to adhere to and be bound by these Terms of Use which may be updated from time to time in our sole discretion. If the Terms of Use are updated, then you shall be bound by the updated Terms of Use upon your first access or use of our Website after the updated Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Us, our 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.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. 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 Website or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

Trademarks

Our name and all related names, logos, product and service names, designs and slogans are trademarks owned by us or our affiliates or licensors. You must not use such marks without out prior written permission. All other names, logos, product and service names, designs and slogans on this Website not owned by us are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates: any applicable federal, state, local or international law or regulation, including the violation or infringement of copyright or trademarks.

 To exploit, harm, or attempt to exploit or harm minors in anyway, including exposing them to inappropriate content, and asking for personally identifiable information or otherwise.

To send, receive, upload, download, use or re-use any material which does not comply with the Content Standards identified below.

To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability. In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability

to engage in real time activities through the Website. Upload or use any device, software or routine that interferes with the proper working of the Website and/or the introduction any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, including attacking the Website via denial-of-service attack or a distributed denial-of-service attack. Violate or attempt to violate the security of the Website, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures. Violations of system or network security may result in civil or criminal liability. Upload or use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. If you register for an account on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates, our service providers, and our successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us, our affiliates, our service providers, and Our successors and assigns.

All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including if we believe that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Terminate or suspend your access to all or part of the Website for any or no reason.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ANY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Be likely to deceive any person.

 Promote any illegal activity, or advocate, promote or assist any unlawful act. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

 Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

 Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 Copyright Infringement

If you believe that any User Contribution violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement.

Copyright Policy

 We reserve the right to remove any material or Content on the Website which allegedly infringes another person’s intellectual property or privacy rights or which violates this Terms of Use. If you believe that any materials on this Website infringe any copyright or other intellectual property interest, please provide us with notice containing the following information (“Take Down Notice”):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 A description of the copyrighted work or other intellectual property interest that you claim has been infringed; A description of where the material that you claim is infringing is located on the Website;

Your address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your Take Down Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Our Copyright and Intellectual Property Agent for Take Down Notices or other intellectual property infringement on the Website Monica@EvolusionMarine.com, Evolusion Marine Inc , 2659 E Gulf to Lake Hwy , phone (800)923-9125

 

Reliance on User Contributions and Third Party Materials

We do not warrant the accuracy, completeness or usefulness of User Contributions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third Party Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Terms of Sale

If you are permitted to purchase any of our products or services through this Website, then the Sales Agreement (https://www.EvolusionMarine.com/salesagree.htm), International Sales Agreement (https://www.EvolusionMarine.com/intlsales.htm), Warranties Policy (https://www.EvolusionMarine.com/w_policy.htm), Warranty Claims (https://www.EvolusionMarine.com/w_claim.htm), Shipping Rates (https://www.EvolusionMarine.com/rates.htm), any additional terms included with your specific order, and these Terms of Use shall control such purchase.

Orders. We will make every effort to fulfill all orders, but we unfortunately cannot guarantee the availability of any particular product displayed on this Website. We reserve the right to discontinue the sale of any product or service, to remove any materials listed on this Website and to change pricing, terms, specifications and warranties at any time without notice. Product prices offered on this Website may vary from other advertised prices due to varying conditions in different geographic markets or distribution channels. The prices displayed on this Website are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Also, please note that some of the products displayed on this Website or in our catalog, including any sale or discounted items, may or may not be available for purchase.

 Colors. We have done our best to display as accurately as possible the colors of the products shown on our Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Correction of Errors. While we strive to be error free, we do not guarantee that any materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and materials on our Website and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL 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 THE

 

WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. UNLESS EXPRESSLY STATED OTHERWISE WITH RESPECT TO ANY PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS WEBSITE, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

UNLESS EXPRESSLY STATED OTHERWISE WITH RESPECT TO ANY PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS WEBSITE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE OR OUR AFFILIATES (OR THEIR LICENSORS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 Information Provided By You

 Any personally identifiable information you may provide to us via this Website is protected by the Privacy Policy associated with this Website. We do not want you to, and you should not, send any confidential or proprietary information to us via the Website. You agree that any information or materials that you or individuals acting on your behalf provide to us including, without limitation, any comments, feedback, ideas, data, suggestions or the

like regarding this Website, or submitted or offered in connection with your use of this Website in connection with our products, services or other materials (collectively, “feedback”), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such feedback and that you are and shall remain solely responsible for the content of any such feedback. By providing any such information or materials, including feedback, to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, know-how and/or feedback that you or individuals acting on your behalf provide to us including, but not limited to, developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how and/or feedback. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in our use, commercial or otherwise, of any feedback. We shall not be under any obligation to maintain any feedback in confidence; to pay to you any compensation for any feedback; or to respond to your feedback.

 

International Users

This Website is controlled, operated and administered by us from our offices within the United States of America. We make no representation that materials at this Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the materials and/or products in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. Information, products and materials published on the World Wide Web may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.

Indemnification

You agree to defend, indemnify and hold harmless the us, our affiliates, licensors and service providers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) relating to any information obtained from the Website or arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

 All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of  Inverness and County of Citrus or in the United States District Court Middle District of Florida, Citrus Division, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In the event that you assert any claim against Us, our affiliates, employees, officers, directors, successors or assigns, and if the claims are not resolved through negotiations between the parties, then all such claims and disputes asserted by you shall be subject to non-binding mediation in Citrus County, Florida, as a condition precedent to you asserting any legal action against us. Mediation shall be conducted by a certified mediator under the laws of the State of Florida, and each party shall be responsible for paying an equal share of all mediation costs. This mandatory mediation shall be a condition precedent to your filing of any legal action or lawsuit.

 Waiver and Severability

No waiver of by us of any term or condition set forth in these Terms of Use 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 by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

 The Terms of Use, our Privacy Policy, and if applicable the terms specific to the purchase of a product or service, Sales Agreement (https://www.EvolusionMarine.com/salesagree.htm), International Sales Agreement (https://www.EvolusionMarine.com/intlsales.htm), Warranties Policy (https://www.EvolusionMarine.com/w_policy.htm), Warranty Claims (https://www.EvolusionMarine.com/w_claim.htm), and Shipping Rates (https://www.EvolusionMarine.com/rates.htm)constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website