We've designed our websites to be useful, informative, and fun. We hope we've succeeded — and we hope you'll let us know how we can make them even better.
This Agreement is between you and Evolv Group (“we,” “us,” and “our”). Amendments to the Agreement will be posted to the App. Unless otherwise specified at the time, Amendments are effective upon posting to the greatest extent allowable under applicable law.
This App is intended for legal residents of the United States who are at least 18 years of age and able to enter into binding contracts.
Subject to compliance with the Agreement, including, but not limited to applicable age and residency restrictions, you have a limited and revocable license to access and use the App for its intended purpose, which is for your personal use and not, for example, for reselling or outsourcing the App’s functionality or otherwise using it as a service bureau or data center. Uses of the App not specifically authorized in this Agreement are prohibited.
All descriptions, images, references, features, content, specifications, and products described or shown on the App may change at any time without notice.
App software, plus files, images incorporated in or generated by the software, and data accompanying it (collectively, “Materials”), is owned by us or our partners. Subject to this Agreement, we grant you a temporary, revocable license to use the Materials on the App for your personal, non-commercial use only. You agree not to copy, distribute, republish, reproduce, upload, post, or transmit anything, in any form or by any means, unless a feature on our App specifically gives you permission (like a Pin It function) or you get our written consent first. You also agree not to delete or change any copyright, trademark, or other proprietary notices on any Materials.
You agree not to:
These examples of prohibited conduct are illustrative and not exhaustive. We reserve the right to take action, including terminating a user’s account, if the user is determined, in our sole discretion, to have engaged in prohibited conduct or otherwise violated this Agreement.
Trademarks, logos, graphics, and trade dress used on the App are the trademarks of us or our affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without prior written approval. Any unauthorized use of these materials may violate trademark, copyright, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any material except as expressly permitted in the Agreement.
Please read the next two sections carefully.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, AND SUPPLIERS (COLLECTIVELY, “APP-RELATED PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE APP OR INFORMATION CONTAINED WITHIN THE APP, INCLUDING, BUT NOT LIMITED TO, YOUR UPLOADING OF ANY MATERIALS TO OR THE CONDUCTING OF ANY TRANSACTIONS THROUGH THE APP.
THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY:
TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE APP-RELATED PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU SPENT IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY, OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, APP-RELATED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.
Except as expressly stated in this Agreement, all content, information, and materials on the App are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION, AND/OR USE OF THE APP, AND ANY OFFERINGS THEREON, INCLUDING, BUT NOT LIMITED TO WARRANTIES THAT:
THE APP IS OF ANY PARTICULAR LEVEL OF QUALITY, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, NON- INFRINGING, OR OTHERWISE MEETS YOUR REQUIREMENTS.
THE FUNCTIONAL ELEMENTS CONTAINED IN THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS).
DEFECTS WILL BE CORRECTED.
OUR APP, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE MATERIALS ON THE APP ARE CORRECT, ACCURATE, RELIABLE, OR CURRENT.
ARISE FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE APP OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE APP, INCLUDING, BUT NOT LIMITED TO, VIDEOS, USER CONTENT, AND ALL OTHER CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE APP.
IN ADDITION TO THE ABOVE, YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
We sometimes link to websites from our App. We don't endorse or approve any products or information offered at sites you reach through our App.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY LINKED THIRD- PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
We control and operate the App from the United States of America. We in no way imply that the materials on the App are appropriate or available for use outside of the United States. If you use our App from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Some software from our App may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has placed an embargo; or to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the App or its software, you are confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list. You may not use or export the materials from the App in violation of U.S. export laws and regulations.
We respect the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we have implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work that you believe to be infringed, or, if multiple copyrighted works on the App are covered by a single notification, a representative list of such works on the App. Please describe the work and, where possible, include a copy of an authorized version of the work.
Identification of the material that you believe to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Your name, address, telephone number, and, if available, an email address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
548 Market St. #53394
San Francisco, California 94104
Attn: Legal Department
Please note: Under Section 512(f) of the Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
This Agreement is effective until terminated by either party.
You may terminate this Agreement at any time by destroying all materials obtained from the App, along with all related documentation and all copies and installations.
We may terminate this Agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from the App.
In addition, by providing material on the App, we do not in any way promise that the materials will remain available to you. We are entitled to terminate all or part of any of the App at any time, or your access to all or part of the App, without notice to you.
Except as explicitly otherwise stated, any notices you send to us must be sent by mail to:
548 Market St. #53394
San Francisco, California 94104
Attn: Legal Department
In the case of notices we send to you, you consent to receive notices and other communications by us posting notices on the App or by sending you an email at the address listed in your account, if you have provided one. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with this section satisfy any legal requirement that such communications be in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement shall be governed by and interpreted according to the laws of the State of Illinois (without applying the state's conflict-of-law principles).
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.