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Terms of Use

Updated May 17, 2018

These Terms of Use (“Terms”) apply to the eevo.com website and all related eevo websites and consoles, downloadable software, mobile applications, and other services provided by us (individually or collectively referred to as “Site”, “Service”).

Please read these Terms carefully, as they contain important information regarding your legal rights, remedies and obligations with respect to your use of our Service, including but not limited to various limitations, exclusions, and indemnities.

BY ACCESSING OR USING THE SERVICES YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS IN ALL RESPECTS. IF YOU ARE NOT WILLING TO BE BOUND BY EACH AND EVERY TERM OR CONDITION, OR IF ANY REPRESENTATION MADE HEREIN BY YOU IS NOT TRUE, YOU MAY NOT USE, AND MUST CEASE USING THE SERVICES.

Definitions

For clarity and comprehension, we have defined certain words used in the Terms and on the Site. Additional definitions may be included elsewhere in the Terms.

“Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, as well as trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property.

“eevo”, “we”, or “us” refers Eevo®, Inc.

“Use” or “Using” means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site or in any way utilities, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever.

“You” means you as an individual user of the Site.

Terms

1. Eligibility of use; Acceptance of Terms.

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you do not meet this criteria, discontinue use of the Site.

If you are using the Service on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally.

If any applicable law, rule or regulation prohibits you to access the Service, you may not access them.  If you nevertheless access or use the Service, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.

2. General.

By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. eevo reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms at any time. Please check these Terms periodically for changes. By using this Site after any changes to these Terms are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.

By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future, may be incomplete, inaccurate, out of date, or may not meet your need and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. eevo assumes no obligation to update the Content.

These Terms do not cover your rights or responsibilities with respect to third parties content or sites or any links that may direct your browsing or your connection to third party sites or pages.

As a User of the Site you agree not to use the Content for any unlawful purposes and not to violate eevo’s rights or rights of others. Eevo reserves the right to object or otherwise take action against any such use.

3. Nonexclusive License.

The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited use and for no other purposes.

4. Trademarks and Copyrights.

The Content of this Site is the property of EEVO, its Affiliates and/or third parties, and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international
treaties. Nothing contained in these Terms or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of eevo or such third party that may own the Content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF EEVO. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of eevo or its owner if eevo is not the owner.

5. Rules of Conduct.

You will use the Site only for lawful purposes. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to do any of the following:

If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Site or take any other steps we consider appropriate.

6. Unsolicited Submissions.

Please do not send any unsolicited submissions to or through the Site, eevo or Affiliates including, without limitation, any creative materials, product or service ideas or inventions ("Unsolicited Submissions"). You agree and understand that eevo and Affiliates are not obligated to use your Unsolicited Submissions, and may alternatively choose to discard your Unsolicited Submissions without any liability whatsoever.

7. Registration.

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain areas or content.

How to Register

To register you will need to provide certain information about yourself and create a password. This combination of information (“Account”) will be your Account as a User (a “Registered User”). Registration may be accepted, rejected or cancelled by us at any time and for any reason. If your registration is cancelled, you will continue to have access to the Site; however, you will no longer be able to access certain features.

Responsibilities of Registered Users

If you register with the Site, you agree to accept responsibilities for all activities that occur under your Account, if any, and agree you will not sell, transfer, or assign your membership or membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access your Account. When you provide information to the Site, you agree to provide only true, accurate, current and complete information on all registered pages.

Privacy of Registered Users

Our Privacy Policy statement explains how we protect and use your information.

8. Privacy.

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

If your use of our services requires eevo to process personal data falling within the scope of GDPR, eevo’s Data Processing Addendum (“DPA”) is available by emailing privacy@eevo.com.

9. Disclaimers.

THE SITE, THE CONTENT, AND ALL EMAILS SENT BY EEVO OR AFFILIATES ("EMAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EEVO AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE EMAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER EEVO NOR AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY EEVO OR AFFILIATES. EEVO AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE EMAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. EEVO DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE EMAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE EMAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE EMAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitations of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EEVO OR AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS SITE, THE CONTENT, THE EMAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, THE CONTENT, OR THE EMAILS, EVEN IF EEVO OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, THE CONTENT, OR THE EMAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EEVO OR AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IN NO EVENT WILL EEVO OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL EEVO OR AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnification.

By accessing, using and/or providing User Submissions to or through this Site, you agree to indemnify, defend and hold harmless eevo and Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, liabilities, losses, damages, and all costs and expenses of defense (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms of Use or any law; (c) a claim by a third party that is based on your use of this Site and/or the Content; (d) eevo’s and/or Affiliate's use of any information you provide, including, without limitation, User Submissions or (e) any misrepresentation made by you. You will cooperate as fully and as reasonably required in eevo's defense of any claim. You shall not in any event settle any matter without the written consent of eevo. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

12. Location/Governing Law.

eevo operates the Site in the United States. Information contained on the Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Site or export the Content in violation of U.S. export laws and regulations. These Terms and your use of the Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, if otherwise applicable. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. However, notwithstanding any other provision of this Terms, you agree that in the event of any dispute between the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site or any film, television program, show, website, property, production or materials owned or controlled by eevo or Affiliates. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

13. Other Provisions.

eevo will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of eevo.

eevo reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Site, or upon demand by eevo, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof.

If any provision of these Terms is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

These Terms were last modified on May 17, 2018 and are effective immediately.

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