Terms and Conditions
Updated May 3, 2017.
The following Terms and Conditions apply to your purchase and use of any Evolv LLC products and your use of this Web site or online service (the “Site”), as well as all transactions conducted through the Site.Please carefully review them. If you do not accept these terms, please do not use the Site or our products. By using this Site or our products you indicate that you have agreed to these terms.
We reserve the right to change any of these Terms and Conditions at any time. Any such changes shall be effective immediately upon posting. Your continued use of the Site following any changes constitutes your acceptance of such changes, so you should check back each time you visit.
Ownership and use of intellectual property
Evolv LLC owns the Site and Evolv LLC, licenses, or uses with permission all registered and unregistered trademarks, service marks, logos, wallpaper, icons, characters, software, information, pictures, photographs, designs, graphics, artwork, images, audio and video clips, music, sound, text, data, publications, presentations, themes, and other material and content on the Site (collectively the “Content”), as well as the arrangement and selection of the Content. Your unauthorized use of any Content may violate copyright, trademark, patent, privacy, or other U.S. and/or international laws, and may infringe upon the rights of Evolv LLC or third parties not owned by or affiliated with us. Such unauthorized use may result in your personal liability, including potential criminal liability. You are granted a limited, non-exclusive, non-sublicensable, revocable right to access and use the Site, and to download Content from the Site to your own computer for your personal, non-commercial use; provided, however, that you may not change any copyright, trademark, or other intellectual property notices that may accompany the Content. Except with the prior written permission of Evolv LLC, you may not otherwise alter, archive, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, prepare derivative works based upon, or otherwise use or exploit the Content. You may not use bots, data-mining technology, or any other technique intended to extract data or information from the Site. When you post Content on the Site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, distribute, embed, copy, perform, and create derivative works of that Content.
Third party content
The Site may contain Content owned by third parties. The use of or reference to the names or trademarks of any third parties and any references to their products or services does not constitute an endorsement by Evolv LLC of such parties or their products or services. We do not endorse or warrant the accuracy or reliability of, or assume any liability in connection with, any Content on the Site provided by third parties or any of their products or services.
Governing law and venue
This website and the server(s) that make(s) this website available are located in the United States. Evolv LLC makes no representation or warranty that these materials are appropriate or available for use in locations outside of the United States. If you access or use this website from locations outside the United States, you do so on your own initiative and you are responsible for compliance with applicable laws. By downloading or using Content on this website, you assume responsibility for doing so under the law that applies in jurisdiction(s) where you are located. Access to Content from territories where such Content is unlawful or illegal is prohibited. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. You agree that Summit County, OH is the proper forum for any claim or controversy arising out of or related to the Site, Content, or these Terms and Conditions.
Target application issues
Evolv LLC tests each individual product before it gets shipped out. Evolv LLC also does its best to ship products in such a way that will minimize the risk of damage during shipping. However, shipping mishandling problems can still occur, which can compromise the functionality of the product in ways that may not be visibly apparent. As such, Evolv LLC offers no guarantee or warranty that any of our products will reach the customer in perfect working condition. However, we will repair or replace at our option, any product found to be defective. In no event shall Evolv LLC be held liable for damages caused to other products/items as the result of the use our products.
Since we rely on third party entities like USPS, UPS, Fedex, and foreign customs agencies to handle the shipment of our products, Evolv LLC can make no guarantees or warranties about delivery dates of our products. Evolv LLC cannot be held liable for any damages or inconveniences caused by late product delivery, or loss of items during shipment.
Disclaimer, Limitation of Liability
THE SITE, CONTENT, AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS.” EVOLV LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SITE, CONTENT, OR SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. EVOLV, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT INFORMATION WILL ALWAYS BE AVAILABLE, OR THAT THE SITE OR THE SERVERS, HARDWARE, OR SOFTWARE USED IN CONNECTION WITH THE SITE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVOLV LLC OR ITS SUPPLIERS, AGENTS, LICENSORS, OR CONTRACTORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS), EVEN IF EVOLV, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from the remainder of these Terms and Conditions and shall not affect the validity or enforceability of the remainder of these Terms and Conditions.