Welcome to the Evolf Online Store, www.evolfus.com This website is owned and operated by Evolf LLC. The use of terms “we”, “us”, and “our” throughout this website refers to Evolf. Evolf has made this website including all services, tools, and information available to you and you are subject all terms & Conditions (The “Terms”) stated on this site. Please read these Terms carefully before using the site. Your use of this site in any manner binds you to these Terms. These Terms are effective unless and until terminated by Evolf. If you do not agree with any term or condition of these Terms, do not use the site.
Evolf reserves the right, at any time, to change these Terms by notifying you of such changes by any reasonable means, including by posting a revised terms and conditions through the site. It is the user’s responsibility to check these Terms periodically for any changes and updates. By using the site following any changes, you agree to be bound by such revised Terms and you may reject any updated changes by ceasing all use of this site and services.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence to use this site. You may not use any of our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction including but not limited to copyright laws.
In addition to these Terms, there are other site policies such as Privacy, Shipping, and Return policy. In the event of any conflict between these Terms and our other policies, the terms and conditions will govern. We reserve the right to refuse service to anyone for any reason at any time.
- Governing Law:You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Evolf. Any action or proceeding relating to or arising from these Terms or your use of the Site must be brought in the state or federal courts located in Fort Bend County, Texas, USA, and you consent to the exclusive personal jurisdiction of such courts.
- Jurisdictional Issues:The site is controlled and operated from the United States and is not intended to subject Evolf to any non‑U.S. jurisdiction or law. The site may not be appropriate or available for use in some non‑U.S. jurisdictions. Any use of this site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the site’s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.
- Intellectual Property and Copy-Right: The site including all contents, information, and materials but not limited to video, images, photos, data, text, slogan, graphics, design marks, logos, HTML, sound, messages, characters, software, product design details, etc is property of Evolf LLC. Therefore, no material from the site may be copied, republished, uploaded, downloaded reproduced, posted, transmitted or distributed without express written permission by the owner. The Evolf name, logo, slogan, design marks, and products are trademarks of Evolf LLC.
- Prohibited Uses: In addition to other prohibitions as set forth in the Terms above, you agree that you will not violate any law, contract, intellectual property, copy-right, and that you are responsible for your conduct, while accessing our website. This website is for your personal and non-commercial use only and shall be used only for lawful purposes, therefore, you shall not : (a) use this site including all it’s contents for any unlawful purpose; (b) post, or transmit any materials that are or may be threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (c) to solicit others to perform or participate in any unlawful acts; (d) defamatory, libelous, fraudulent or otherwise tortious: to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) obscene, indecent, pornographic or otherwise objectionable; (f) infringe upon or violate our intellectual property rights or the intellectual property rights of others, copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.(g) discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (h) submit false or misleading information; upload, post, transmit or otherwise make available via this site any virus, worm, trojan horse, spyware or any other type of malicious code, file or program that will or may be used in any way that affect the operation or functionality of this website, other websites, or the internet. (i) collect or track information about users of the site; (j) spam, phish, pharm, pretext, spider, crawl, or scrape; (k) Interfere with or disrupt the security features of the site or the servers or networks including by hacking or defacing any portion of the site;(l) restrict or inhibit others from using the site. We reserve the right to terminate your use of our website for violating any of the prohibit.
- Indemnity: You agree to defend, indemnify and hold and Evolf its affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (a) your access to or use of the site or any materials including third party materials, products or services available through the site , (b) any of your submissions, or (c) any violation or alleged violation by you of any provision of these Terms.
- Account Information: You may be required to register in order to use all or part of the site. We may reject, or require that you change, any account name, password or other information that you provide to us in registering. Your account name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password and you are responsible for all activities on your account. You represent that any information you provide to our website is and will remain accurate, current, and complete, and that you will maintain and update such information as needed. By creating an account, you also agree to immediately notify us if you discover or otherwise suspect any security breaches related to the site or your account.
- Orders and Accuracy of Billing: Evolf reserve the right to limit, prohibit, or refuse any order you place with us. In the event that we make any change to or cancel an order, we may attempt to notify you by contacting you via the information you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates.
- Accepted Method of Payment: We accept the following method of payment: credit card (Visa, MasterCard, and Discover, American Express ), Paypal, Apple Pay. There is no surcharge for using your credit card to make purchases. Please ensure that our system has your accurate billing information such as billing address, telephone number, and e-mail address. Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
- Returns and Refund: Please review our Returns and Refund Policy.
- Security: We have implemented reasonable technical measures designed to secure your account information on our website from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures and use your account information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Product and Pricing Information: While, we have worked diligently and made every effort to display our products with all associated images, information, and pricing as accurately as possible, the displayed information of our products on the user’s monitor screen may differ from user to user. We cannot guarantee that the images of our products that the user sees on the monitor’s screen will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We reserve the right to correct any inaccuracies, omissions, or typographical errors and to change or update information or cancel orders if any information on our site is inaccurate at any time without prior notice including after an order has been submitted. These inaccuracies, or omissions may include pricing, product descriptions, offers, product availability, promotional offers, or coupons.
- Disclosures and Notices: You agree that we can provide disclosures and notices required by law and other information about your account to you electronically by posting it on our website or emailing it to the e‑mail address listed in your account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices are considered received by you within 24 hours of the time it was posted on our website or e‑mailed to you unless, in the case of e‑mail, we receive notice that the e‑mail was not delivered.
- Third-Party Links: Our site may have contents, services, products, or materials from third-parties. Any links to those websites are owned and operated by third parties and they are not affiliated with us. We are not responsible for examining the accuracy of those third-party websites. We are not responsible or liable for any damages or harm related to the purchase of goods, services, or any transactions in connection to third-party websites.
- Taxes: Our site shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
- Termination: These Terms are effective unless and until terminated by Evolf. We may terminate or suspend your use of this site at any time and without prior notice, including if we suspect that you have failed to comply with any term or provision of these Terms. Upon any such termination or suspension, we will immediately revoke your right to use the site, deactivate, or delete your user name, password and account, and all associated materials.
- User’s Submissions and Feedback: You may make available certain materials, including but not limited to comments, photos, videos, submission such as feedback, ratings and reviews, messaging, or on third‑party social media platforms by using promotional hashtags designated by Evolf. You agree that your comments and submissions will comply with the Terms and understand that Evolf has no control over submissions and is not responsible for any use or misuse including any distribution by any third party. Further, you acknowledge that we shall be under no obligation to pay compensation for your comments or submissions, maintain, or respond to any of your comment or submissions. if you choose to make any of your personal information or other information publicly available through our site, you do so at your own risk.
- DISCLAIMER AND LIMITATION OF LIABILITY: EVOLF DISCLAIMS THAT YOU ARE SOLELY RESPONSIBLE AND ASSUME ALL RISK WITH RESPECT TO YOUR USE OF OUR SITE. EVOLF IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, ACCURACY OF, COMPLETENESS OF, USEFULNESS OF, AVAILABILITY OF, OR RELIANCE ON, ANY MATERIALS INCLUDING THIRD PARTY MATERIALS AVAILABLE FROM OR SUBMITTED TO THE SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE FROM THE SITE. THE SITE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT EVOLF SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES). EVOLF DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. EVOLF’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE SHALL IN NO EVENT EXCEED TWENTY DOLLARS (S. $20.00)
- CONTACT INFORMATION: Please feel free to contact us with any questions about the Terms and Conditions at firstname.lastname@example.org.