TERMS OF USE

These Terms of Use (“Terms”) control the use of the Website and Services of Evolution LLC, a Washington limited liability company (“Evolution”, “our”, “us”, or “we”).

By accessing the Website and/or the Services, you are bound by all terms and conditions in these Terms and our Privacy Policy. If you do not wish to be bound, you may not access the Website and/or the Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.  

If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the Site and Services immediately.

If you access the Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.

1.Introduction

A. Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own Terms of Use. 

B. Incorporated Terms. The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound: Privacy Policy

C. Certain Definitions.

 i.     “Services” means all Evolution products, services, and materials located on or accessible through the Website.

 ii.     “Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with, the Website or Services.

 iii.     “Website” means the Evolution Website located at www.evolution-collect.com

2. Modifications

Evolution reserves the right, in its discretion, to change, modify, add to, or remove any and all parts of these Terms at any time.

a. For users in the United States, any changes or modifications will be effective immediately upon posting of the revisions on the Website and shall apply to all use of our Services and all acts or omissions occurring after the effective date of the revised Terms. Your continued use of the Website and Services, following the posting of changes, will mean that you accept and agree to all changes or modifications.

b. For users in the European Economic Area (EEA), any changes or modifications will be effective upon your express consent as you will be notified of any changes by virtue of a pop-up, banner, or other notification mechanism when you seek to access our Services after we issue a change or modification. Upon consent, the revisions to these Terms shall apply.

3. Eligibility

a.      Minimum Age. The Services are directed to adults and are not directed to children under the age of 13. You must be 13 years of age or older to use the Services. Evolution complies with the Children’s Online Privacy Protection Act and does not permit use by and will not knowingly collect personally identifiable information from anyone under 13. By using the Services, you represent and warrant that you are 13 years of age or older.

b.     Usage. By using the Services, you represent and warrant that all or any contact information you submit is truthful and accurate and you agree to the accuracy of such information.

4. Intellectual Property

You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of Evolution LLC or licensed to Evolution LLC made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Evolution LLC or other respective owners that have granted Evolution LLC the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Evolution LLC reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.  

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other that as necessary for your own personal non-commercial use, without our written consent.  Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Evolution, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

Third-Party Content. Our Site contains Content that we create and also Content provided by third parties.  We do not monitor, we do not endorse, and we are not liable for any third-party content.  There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Evolution LLC is not responsible for the content on any linked site or any link contained in a linked site.  We do not endorse or accept responsibility for the content of such third-party sites.

Third-Party Services.  You may need to use a third-party service to access or in connection with the Site.  In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service.  Evolution LLC will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

A. Restrictions. All rights not expressly granted by Evolution to you in these Terms are hereby reserved by Evolution. There are no implied rights save to the extent rights cannot be excluded by applicable law. You may not use, imitate, or copy, in whole or in part, any Evolution trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, Evolution’s prior written consent, in Evolution’s sole discretion. All permitted use of Evolution’s Marks will inure to the benefit of Evolution.

B. Ownership. As between the parties, the Website and Services, including, without limitation, any and all software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials (the “Content”) contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all intellectual property rights associated with any of these materials (collectively, “Evolution IP”) are owned by Evolution and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Evolution IP other than the right to use the Services, in compliance with the Terms.

F. Notice of Intellectual Property Infringement. Evolution respects copyright laws and intellectual property rights, and we expect and encourage our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), which you may find in full on the U.S. Copyright Office website, Evolution will do its best to respond with due diligence to claims of copyright infringement when such claims are reported to it using the sample notice form below.

If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed in our Services, please provide substantially the following information to Evolution.

DMCA NOTICE OF ALLEGED INFRINGEMENT

(“NOTICE”)

· Identify the copyrighted work that you claim has been infringed or a list of copyrighted works that you claim have been infringed.

· Identify the material or link you claim is infringing and to which access you think should be disabled, including the URL of the link shown on the Site or the exact location where such material may be found.

· Provide your personal or company name, mailing address, telephone number, and email address.

· In the body of such notice, you must include a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, agent, or the law.

· A statement that the information in such notice is accurate and, under penalty of perjury, that you as the complaining party are the owner or authorized to act on behalf of the owner.

5. NO ENDORSEMENT

The Services may contain links to websites or mobile applications on the internet which are owned and operated by third parties (the “External Site or mobile applications”). You acknowledge that Evolution is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the website or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.

6. INDEMNIFICATION

You agree to indemnify, defend and hold Evolution and its affiliates, and the respective officers, directors, owners, agents, information providers and licensors (collectively, the “Evolution Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Evolution Party in connection with any Material or with use or alleged use of any Content or the Services, including any use under your password by any person, whether or not authorized by you. Evolution reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Evolution’s defense of such claim. This Indemnification Section will survive any termination or expiration of these Terms.

7. LIMITATIONS OF LIABILITY

Excluded Damages and Theories. EVOLUTION AND ITS AFFILIATES ASSUME NO RESPONSIBILITY WITH RESPECT TO YOUR OR YOUR USER’S USE OF THE WEBSITE OR SERVICES AND WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION THE FOLLOWING, UNLESS PROHIBITED BY APPLICABLE LAW, LOSS OF USE, DAMAGE BY VIRUS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EVOLUTION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability. EVOLUTION AND ITS AFFILIATES WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY EVOLUTION FROM YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.

Multiple Claims; Time Limits. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CLAIM AND CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

Jurisdictions; Limitations. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF EVOLUTION AND ITS AFFILIATES FOR SUCH DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATIONS OF LIABILITY SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS. NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

8. DISCLAIMERS

General. YOUR USE OF THE WEBSITE AND SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. EVOLUTION AND ITS AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Specific. EVOLUTION MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE OR SERVICES TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE OR SERVICES, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND EVOLUTION ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH.

Third-Party Products. THE REFERENCE TO, OR AVAILABILITY OF, THIRD-PARTY PRODUCTS IN CONNECTION WITH THE SERVICES OR WEBSITE DOES NOT CONSTITUTE, AND WILL NOT BE CONSTRUED AS CONSTITUTING, AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION BY OR WITH EVOLUTION WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS.

Legal, Tax, Financial, Other Communications. NO ORAL OR WRITTEN INFORMATION OR ADVICE OR COMMUNICATIONS PROVIDED BY EVOLUTION OR ANY OF ITS EMPLOYEES WILL CONSTITUTE PERSONAL, LEGAL, TAX OR FINANCIAL ADVICE OR CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND.

Jurisdictions; Limitations. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, EVOLUTION’S WARRANTIES, CONDITIONS AND REPRESENTATIONS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

9. TERMS OF SALE OF PRODUCTS

The following terms apply to your purchase of one or more products, including one or more non-fungible token, semi-fungible token, or other cryptographically backed assets ( each an “NFT”) or the physical products ownership of the Token might entitle you to, (“Physical Goods”) offered on the Site (collectively the NFTs, digital collectibles and Physical Goods will be known as the “Products”).

Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Purchasing Products. The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.

Ownership. What you own is the NFT you purchase, and the subsidiary rights ownership of such NFT might provide for.  What you explicitly do not own is the underlying intellectual property rights in any creative work, incorporated into, or underlying any NFT, except as specifically provided for herein, or elsewhere on the Site.  

Returns. We do not allow returns or substitutions of Products. All sales are final and cannot be reversed.

Transfer of Title and Risk of Loss/Damage.   Title to and the risk of loss/damage of an NFT passes when you initial a transaction on the smart contract to purchase an NFT. You understand that once initiated, a transaction cannot be undone, recalled, or unwound, and otherwise considered final.  Therefore, you agree to assume all risks associated with such transactions, and understand that your NFTs are subject to full and total loss.

Title to and the risk of loss/damage of all Physical Goods Products passes from us to you at the time we deliver the Physical Goods to the common carrier for shipment. By purchasing or claiming your Physical Goods for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Physical Goods. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Reselling. You are entitled to sell, trade, swap, or otherwise transfer ownership of your NFT or digital collectible.  If you do so on Opensea, or such other third-party trading site we engage with, you agree that our smart contract will be entitled to a royalty on such transfer.  

Not An Investment.  Your purchase of the Products does NOT CONSTITUTE AN INVESTMENT. Purchase of the NFT or digital collectible and the subsidiary rights associated therewith, is meant for entertainment, enjoyment, and personal subjective appreciation purposes only. We make no warranties regarding future value, express or implied, to the public or to buyers. There is no entitled future interest or value to those who buy or own an NFT or Physical Good. No warranties or promises of future value are being made in any way by us. In no way are we guaranteeing any level of success at this endeavor. Only purchase if you wish to own the NFT or Physical Good and nothing else.

No Expectation of Profit.  You may lose all monies spent purchasing our Products, NFTs, digital collectibles or Physical Good.  There is no guarantee that the utility of the NFTs or digital collectibles on this site or in public statements will be delivered. There is no guarantee you’ll be able to sell your NFTs if you so choose.  If you are uncertain as to anything described by us or on the Site any detail regarding the project, or you are not prepared to lose all monies spent purchasing our Products, we strongly urge you not to purchase any products. We recommend you consult legal, financial, tax and other professional advisors or experts for further guidance before participating in any purchase on the Site. You are strongly advised to take independent legal advice in respect of the legality of your participation in this project in your jurisdiction.

Not Securities. Our tokens are not securities of any type. Holding an NFT or digital collectible does not entitle the holder to any expectation of profit, or monetary benefit in any way.  

10. ANTI-CORRUPTION, EXPORT AND SANCTIONS COMPLIANCE

a.      With respect to these Terms, you represent, warrant, and covenant that you:

  i.     have not and will not violate, or cause any party to be in violation of, any applicable anti-bribery or anti-corruption law (including, but not limited to, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.S. domestic bribery statute in 18 U.S.C. 201, the U.S. Travel Act, or the UK Bribery Act 2010), anti-kickback laws, anti-money laundering and anti-terrorist financing laws, sanctions, embargoes, export controls, import controls, anti-fraud laws, or any other applicable law, regulation, or order (collectively, “Applicable ABAC Laws”);

 ii.     have not and will not use the Services or the Website in violation of Applicable ABAC Laws;

 iii.     have not and will not with a corrupt, improper, or illegal intention directly or indirectly (through third parties) pay, provide, promise, offer, authorize, solicit, or accept any money, gift, hospitality, entertainment, favor, financial advantage, or other thing of value to or from any individual, organization, political party, or entity whether in the public or private sector in any country in order to obtain, retain, or direct regulatory approvals, licenses, permits, business, contracts, investments, sales, tax or duty assessments, import or export clearances, foreign exchange clearances, or other advantages;

  iv.     are not, (i) nationals, residents, agents or representatives of Iran, Cuba, North Korea, Syria, the Crimea Region of Ukraine, or any other region subject to comprehensive U.S. sanctions; (ii) on the List of Specially Designated Nationals & Blocked Persons, the Sectoral Sanctions Identifications (SSI) List, or Foreign Sanctions Evaders List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, or any other applicable list of sanctioned, embargoed, blocked, criminal, or debarred persons maintained by any U.S. or non-U.S. government, the European Union, Interpol, the United Nations, the World Bank, or any other public international organization (each such list, a “Sanctions List”); (iii) an entity that is 50% or more owned, individually or in the aggregate, directly or indirectly, by, is controlled by (including without limitation by virtue of such person being a director or owning voting shares or interests), or acts, directly or indirectly, for or on behalf of, any person or entity on a Sanctions List; or (iv) otherwise the target of any sanctions, suspensions, embargoes or debarment by the U.S. government or any other government or public international organization;

  v.     shall implement an effective, risk-based compliance program and necessary internal controls (including, but not limited to, conducting sanctions screenings of your Relevant Parties and customers) to ensure compliance with Applicable ABAC Laws and this Anti-Corruption, Export and Sanctions Compliance Section;

  vi.     shall reasonably cooperate with Evolution to (i) ensure compliance with sanctions, embargoes, and other Applicable ABAC Laws and/or (ii) review and remediate actual or potential violations of sanctions or other Applicable ABAC Laws, including, but not limited to, suspending or terminating the supply of products or services to customers or other persons that appear on a Sanctions List or are otherwise the target of sanctions and other similar restrictions.

A violation of the foregoing representations, warranties, or covenants by you will constitute a material breach of these Terms, and, in the event of such a violation, Evolution may, at its sole option, terminate your membership of the Services for cause and without further liability or obligation on the part of Evolution. Any such breach will entitle Evolution to seek to be indemnified by you and/or obtain injunctive and other emergency or equitable relief, in addition to any other remedies which may be available under applicable laws.

11. VIOLATIONS OF THESE TERMS

Evolution may disclose any information Evolution has about you (including your identity) if Evolution determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Evolution’s rights or property, or the rights or property of visitors to or users of the Services, including Evolution’s customers. Evolution reserves the right at all times to disclose any information that Evolution deems necessary to comply with any applicable law, regulation, legal process or governmental request. Evolution also may disclose your information when Evolution determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Evolution may preserve any transmittal or communication by you with Evolution through the Services or any service offered on or through the Services, and may also disclose such data if required to do so by law or Evolution determines that such preservation or disclosure is reasonably necessary to (1) comply with legal processes, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Evolution, its employees, users of or visitors to the Services, and the public. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Evolution, for which monetary damages would be inadequate, and you consent to Evolution obtaining any injunctive or equitable relief that Evolution deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Evolution may have at law or in equity.

If Evolution does take any legal action against you as a result of your violation of these Terms, Evolution will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Evolution. You agree that Evolution will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.

Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Evolution LLC, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Feature or any other person or entity;

  • Use the Service or Site commercially;

  • Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);

  • Interfere with or damage the Services, Site, or underlying any technology;

  • Impersonate or misrepresent your identity or affiliation;

  • Attempt to obtain unauthorized access to the Services or Site;

  • Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;

  • Violate any law, rule, or regulation;

  • Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or

  • Engage in any illegal activities.

Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.

 12. MEMBER DISPUTES

You are solely responsible for your interactions with other Members of the Services. Evolution reserves the right, but has no obligation, to monitor disputes between you and other Members.

13. ARBITRATION

a.      Arbitration Procedures. Except as otherwise expressly provided in these Terms, any Dispute (defined below)  shall be resolved by arbitration proceedings through the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a representative or class arbitration. All issues will be for the arbitrator to decide, including the scope of this arbitration provision.

  i.     For arbitration before the AAA, the AAA’s Commercial Arbitration Rules and the AAA’s Optional Rules For Emergency Measures of Protection will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This arbitration provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action, representative action, or collective action procedures or rules apply to the arbitration.

   ii.     YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

b.     Dispute. The term “Dispute” means any dispute, claim, or controversy between you and Evolution regarding any aspect of your relationship with Evolution, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this arbitration provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

c.      WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

14. MISCELLANEOUS

a. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between these Terms and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

b.Severability. If any provision of these Terms is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

c. Waiver. Any failure by Evolution to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of your right to assert or rely upon any such provision or right in that or any other instance.

d. Notices. You consent to receive electronically any communications from Evolution. We may communicate with you through the email address specified in your account or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered when sent to the email address you provide to us.

Notices to Evolution must be sent to:

Evolution, LLC

e. Section Headings. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against you or Evolution.

f. Force Majeure. Evolution will have no liability to you or any third party for any failure by Evolution to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Evolution, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

g. Third-Party Service Integration. Certain Third-Party Products may be integrated with the Services. Evolution may, in its discretion and without liability to you, decide to no longer support such integration and migrate your account to a different integration.

h. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Website, Terms of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

i. Jurisdiction; Venue. These Terms shall be construed in accordance with the laws of the State of Washington, without reference to principles of choice of law. Any dispute relating in any way to your use of the Services or Website shall be submitted to confidential arbitration in Seattle, Washington except that, to the extent you have in any manner violated or threatened to violate Evolution intellectual property rights, Evolution may seek injunctive, equitable, or other appropriate relief in any state or federal court and you consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Washington.