Welcome to the evolvedin.ai website (the “Sites”). This Website (including all sub-pages) is intended to provide information about and access to Evolved Inclusion Technologies’ products and services. It allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Sites, we also want you to understand the terms to which you agree when visiting the Sites and using our services. References to “we,” “our,” “us,” or “Evolved”, “Evolved Inclusion”, and “Evolved Inclusion Technologies”, refer to Evolved Inclusion Technologies and our service providers and designees as deemed appropriate by us. “Sites” includes all subpages of the main website at evolvedin.ai, as well as other websites under the evolvedin.ai domain, such as support.evolvedin.ai.
Compliance with Terms; Products and Services
You agree to use the Site only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means you have registered with us for the Site). The term “User” means a “Visitor” or a “Member.” Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you may be required to indicate your acceptance to these Terms during the registration process.
Notwithstanding the foregoing, your purchase or use of any of Evolved Inclusion’s products or services may be subject to different or additional terms and conditions. Those additional or different terms and conditions will be provided to you prior to your purchase or use of those products and services to which they apply, and will supersede these Terms.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Website. Each time you use the Website you should visit and review the then current Terms that apply to your transactions and use of this Website. Your continued use of the Website after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Website, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Website. The Terms are the entire agreement between you and Evolved Inclusion with respect to your use of the Website.
Use of the Website and its features is void where prohibited. By using the Website and its features, you represent and warrant that (a) you are over the age of 18 and may otherwise enter into and form binding contracts under applicable law; (b) all information you may submit to us is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Website and its features does not violate any applicable law or regulation.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site and its features.
Your Use of the Website
Users have a non-transferable, non-exclusive license to access this Website, to view information contained at this Website and to interact with the Website solely for their own personal use. You agree not to use the Website for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Website or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Website.
Tampering with the Website, misrepresenting the identity or age of a User, using buying agents or conducting fraudulent activities on the Website are prohibited.
We may make available for your use certain services through the Site (the “Services”). Unless stated otherwise in terms that accompany a particular Service, you may use the Service only for the purpose for which we have offered it. We may remove or modify a Service at any time, without any notice to you.
Licensing and Proprietary Rights
The Site contains Content provided by Evolved Inclusion, including, without limitation, text, images and logos (“Evolved Inclusion Content”). Evolved Inclusion Content is protected by copyright, trademark, patent, trade secret and other laws, and Evolved Inclusion owns and retains all rights in the Evolved Inclusion Content and the features and functionality of the Site. Evolved Inclusion hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Evolved Inclusion Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Site.
We reserve the right, in our sole discretion, to reject, refuse to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
If you become aware of misuse of the Site or its features by any person, please click on the “Contact Us” link on the Site pages and follow the directions as to how to contact us.
You agree to not use the Site to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
d. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
f. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
h. intentionally or unintentionally violate any applicable local, state, national or international law; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.
You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Site Users and for your interactions with other Site Users.
Evolved Inclusion is not responsible for and makes no warranties, express or implied, as to any content on the Site, including with respect to the accuracy and reliability of the Evolved Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. Evolved Inclusion Content on the Site may contain links to other websites and third party services. Evolved Inclusion Technologies is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Evolved Inclusion. When you access these third party sites, you do so at your own risk. Evolved Inclusion takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Evolved Inclusion is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. Evolved Inclusion assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Evolved Inclusion is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Evolved Inclusion be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Additionally, Evolved Inclusion shall have no liability for any malware, viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
ALL EVOLVED INCLUSION SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND EVOLVED INCLUSION HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, AND EVOLVED INCLUSION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, EVOLVED INCLUSION MAKES NO WARRANTY OF ANY KIND THAT THE EVOLVED INCLUSION SITES, SERVICES OR CONTENT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. EVOLVED INCLUSION EXPRESSLY DISCLAIMS AND IS NOT RESPONSIBLE FOR ALL DECISIONS OR ANALYSIS MADE BY ANY PERSON BASED UPON THE USE OR RESULTS OF THE SITE OR EVOLVED INCLUSION CONTENT. ALL THIRD-PARTY CONTENT IS PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY CONTENT.
Limitations of Liability
IN NO EVENT WILL EVOLVED INCLUSION TECHNOLOGIES OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED FIFTY U.S. DOLLARS ($150).
You agree to indemnify, defend, and hold harmless Evolved Inclusion Technologies and its Subcontractors and Affiliates, and each of its and their respective officers, directors, employees, agents, successors, and assigns from and against any and all loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content posted on the Site or third party transaction that you enter or attempt to enter in connection with the Site.
Governing Law; Submission to Jurisdiction; Attorneys' Fees; Waiver of Jury Trial. This Agreement is governed by, and construed in accordance with, the laws of the State of Oregon, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Oregon. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be federal or state court located in Multnomah County, Oregon, and the Parties irrevocably consent to the personal jurisdiction of such courts. Each Party hereby waives any objection or defense of personal jurisdiction or forum non-conveniens it may otherwise possess. Each Party acknowledges and agrees that any controversy that may arise under this Agreement, including any exhibits, schedules, attachments, and appendices attached to this Agreement, is likely to involve complicated and difficult issues and, therefore, each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments, and appendices attached to this Agreement, or the transactions contemplated hereby.
Entire Agreement; The Terms constitute the entire agreement between you and Evolved Inclusion Technologies regarding the use of Site and its services and features. The failure of Evolved Inclusion Technologies to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.