Welcome to www.evolving-digital.com ("site"). These terms govern and affect your rights with Evolving Digital, LLC (“Evolving Digital”), the owner and operator of the site. By accessing the site in any manner, you agree to abide by these terms and conditions for your use of the site and access to its content (“Content”), as the same may be amended from time to time by Evolving Digital in its sole discretion, with or without notice. The most current version of these terms may be found by clicking on the "Terms and Conditions" link located on the website. The most current version will supersede all previous versions. You are encouraged to review the site for the latest version of the terms of service.
BY USING THIS SITE YOU AGREE TO THESE TERMS OF SERVICE.
Acceptance of Terms of Service
By using the site, you, the user ("you") acknowledge that you have read these terms, and that you accept and agree to be bound by these terms. If you do not agree to these terms, you are not permitted to access the site.
Description of the Site
The site hosts news, information, and sales information about the Evolving Digital services (“services”).
Limitations on Use
You must be at least 13 years old to access the site. If you are not 13, you are not permitted to access or use the site.
Evolving Digital and/or its licensors are the sole owners of the site and all text, images, sound, music, marks, logos, software, domains, and other content made available through it ("Evolving Digital property"). The Evolving Digital property is protected by U.S. And international copyright and other intellectual property laws. Evolving Digital grants you a limited license to use the Evolving Digital property solely on and in order to access the site. Without limitation, this means that you may not sell, export, license, modify, copy, reproduce, reverse engineer, reverse compile, create derivative works of, distribute or transmit the Evolving Digital property without Evolving Digital’s prior express written permission. Any unauthorized use of the site will terminate the limited license granted by us.
Evolving Digital and other marks, graphics, logos, icons and service names related to the site or services are registered and unregistered trademarks or trade dress of Evolving Digital. They may not be used without Evolving Digital’s prior express written permission. All other trademarks not owned by Evolving Digital that appear in connection with the site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Evolving Digital.
You agree not to engage in any inappropriate activity in connection with your use of the site, including but not limited to e-mailing or otherwise sending or transmitting any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the site; interfering with the servers or networks connected to the site; or otherwise violating these terms. You shall comply with all applicable laws and regulations in connection with your use of the site.
Use of Information and Comments Submitted
If you elect to submit any comments, information or ideas to Evolving Digital about the site, Evolving Digital may use such comments, information or ideas without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or the services.
Disclaimer and Warranties
You expressly understand and agree that your use of the site and all information, services and other content included in or accessible from the site is at your sole risk. The site is provided on an "as is" and "as available" basis. Evolving Digital and any of its service providers expressly disclaim all warranties of any kind as to the site and all information, services and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Evolving Digital makes no warranty that (i) site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, or (iv) the quality of any services, information, or other goods obtained by you through the site will meet your expectations.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Evolving Digital or our third-party service providers through or from the site will create any warranty not expressly stated in these terms.
Limitation of Liability
You agree that neither Evolving Digital nor our third-party service providers nor any of our or their affiliates, will be liable for any damages, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Evolving Digital or our third-party service providers have been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the site.
You agree to defend, indemnify and hold harmless Evolving Digital and our third-party service providers and our or their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the site, your violation of these terms or your infringement of any intellectual property or other right of anyone.
You agree that these terms and any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Evolving Digital arising from or relating to these terms, its application, interpretation or breach, termination or validity, the site, or any related transaction, shall, to the maximum extent permitted by applicable law, be governed by the laws of the state of Delaware, without regard to its conflicts of laws rules. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the site will be heard and resolved in the federal and state courts located in the Sate of Delaware. Any claim or cause of action arising out of or related to your use of the site must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Right to Suspend or Terminate
Evolving Digital reserves the right in its sole discretion to suspend or terminate or restrict your use of the site at any time, with or without notice, for any or no reason whatsoever. Without limitation of the foregoing, Evolving Digital may in any event suspend or terminate your use of the site in the event you breach any provision of these terms.
If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these terms shall not constitute a waiver of that or any other provision. You shall not assign or transfer these terms or any right or obligation hereunder to any third party. These terms set forth the entire understanding and agreement between you and Evolving Digital with respect to the subject matter hereof.
These terms were last modified on: April 11th, 2017.