Terms & Conditions
Acceptance of Terms
Use of the Site
Unless otherwise specified, the Site is for your personal and non-commercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (ii) other than for your use of the Site as expressly permitted in these Terms and Conditions, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use. Any other use of materials on this Site, including, but not limited to, the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Evolta is strictly prohibited. Harassment in any manner or form on the Site, including via email and blog post comments or by obscene or abusive language, is strictly forbidden. Impersonation of others, including a Evolta employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Third Party Links
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are maintained by third parties other than Evolta (the “External Sites”). Evolta has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on External Sites. Links do not imply that Evolta sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Any use you make of the information provided on External Sites is at your own risk and Evolta shall have no liability of any kind for any damages or injuries of any kind arising from such content or information.
Disclaimer of Warranties
Evolta will use reasonable efforts to include accurate and up to date information on this Site. However, all Content on this Site is provided “as is” and Evolta expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. Evolta makes no warranties, express or implied, as to the ownership, accuracy, adequacy or reliability of the Site Content or that the Site (i) offers uninterrupted availability; (ii) shall be timely, secure, error-free, or free of viruses or other harmful components. You agree that the access and use of this Site and the Content thereof is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the access and use of any such material. The Content on this Site shall not be construed as professional advice and shall not create any warranty not expressly stated in the Terms and Conditions.
Limitation of Liability
In no event shall Evolta, or its officers, directors, employees, agents, licensors, suppliers, vendors, affiliates and third party partners, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Evolta has been previously advised of the possibility of such damages, whether in an action under contract, negligence, tort, or any other theory arising out of, or in connection with, any unavailability or nonperformance of the Site, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The forgoing limitation may not apply in some jurisdictions which do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages.
Copyrights & Trademarks
All Content on this Site, including, but not limited to, text, graphics, logos, icons and images, and the selection and arrangement thereof, are the exclusive property of Evolta, its affiliates, related companies or its licensors or joint venture partners, and is protected by U.S. and international copyright laws. All other rights not expressly granted are reserved. The trademarks, service marks, trade names, trade address, designs and logos (collectively, the “Marks”) displayed on the Site are the registered and unregistered Marks of Evolta, its affiliates, related companies or its licensors or joint venture partners. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any Mark displayed on the site without the written permission of Evolta or such third party that owns the Marks displayed on this site. Evolta will enforce its intellectual property rights to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless Evolta, its officers, directors, employees, agents, licensors, suppliers, vendors, affiliates and third party partners from and against any and all claims, losses, expenses, damages, costs, suits, demands, or judgments whatsoever, including reasonable attorneys’ fees, whether groundless or otherwise, resulting from any violation by you of these Terms and Conditions.
Governing Laws and Jurisdiction
These Terms and Conditions and your conduct on this Site shall be governed in all respects by the laws of the United States of America and the Commonwealth of Pennsylvania. The failure of Evolta to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any claims, legal action or proceeding arising directly or indirectly out of any materials contained on this Site shall be brought exclusively in the state and federal courts of the Commonwealth of Pennsylvania.