Evolve Technology Group, LLC (“Evolve Technology Group” or “we” or “us”) recognizes that you care how information about you is collected and used. We have created this Privacy Policy to inform you of our information collection, use, and sharing practices. This Privacy Policy explains Evolve Technology Group’s collection and use of information that may identify you and covers information collected through its websites, including evolvemediagroup.com (the “Website”). It is Evolve Technology Group’s policy to respect your privacy regarding any information we may collect, subject to the terms and conditions of this Privacy Policy and the Terms of Use of the Website (“Terms of Use”), as either or both may be amended from time to time. In addition, various other resources of Evolve Technology Group (e.g., text or direct messaging, services, products, email, etc.) may include different terms or policies, and you should review any such terms and policies carefully, as they will control your use of that resource. Terms not defined in this Privacy Policy have the meanings ascribed them in the Terms of Use. By providing us any information or accessing the Website, individuals agree to the following terms and conditions as final and binding. Types of Information We Collect We collect the following information about you:

• Personal Information. This is information that directly or indirectly identifies you, such as your name, email address, or other identifying information about you, or that would, when combined with other information you provide or that is broadly available, be likely to identify you.
• Other Information. Other Information is information that, by itself, does not individually identify you, such as browser type, operating system, technical data, and usage. We may link together different types of Other Information or link Other Information to Personal Information.

Individuals may interact with Evolve Technology Group in ways that require Evolve Technology Group to gather Personal Information. The amount and type of information that Evolve Technology Group gathers depends on the nature of the interaction. For example, Evolve Technology Group may request that visitors who request information about our products or otherwise utilize  the Website provide a name and email address, plus such other information as Evolve Technology Group may believe useful, including financial or other information, depending on the nature of the transaction contemplated. In each case, Evolve Technology Group collects such information only insofar as is legal and appropriate. If you do not wish for Evolve Technology Group to collect any information about you, you can simply not utilize the Website or otherwise supply Personal Information to Evolve Technology Group. Your choice not to provide information may, however, prevent you from using the Website or enjoying all the functionality of the Website. Like most website operators, Evolve Technology Group collects non-Personal Information of the sort that web browsers, applications and servers typically make available to operators, like the browser type, language preference, referring site, and the date and time of each visitor request. These are described more fully below under cookies and other tracking technologies. Evolve Technology Group may use this information for a number of purposes including, for example, to better understand how Evolve Technology Group’s visitors use its website. The purposes for collecting and using this data may change from time to time at Evolve Technology Group’s discretion, and Evolve Technology Group may release non-Personal Information in the aggregate. By utilizing the Website, you agree to such use. How We Collect Information We collect Personal Information and Other Information in the following ways:

• Information you give us. For example, the Website may require you to provide a name and email address when you request information about our products.
• Information We Get from Your Use of Services. We may collect information about your use of the Website and related information. This information includes:
  • Computer, tablet, or mobile telephone information. We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, device sensors and mobile network information including phone number) and device sensors and related information. Evolve Technology Group may associate your device identifiers or phone number with your account. We will comply with the usage/license restrictions and requirements applicable to the device from which the information comes.
  • Log information. When you visit the Website or view content provided by us, we may automatically collect and store certain information in server logs. This may include, for example:
    • details of how you used the Website and any pages that you visit immediately before or after visiting the Website.
    • Internet protocol address.
    • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
    • cookies that may uniquely identify your browser or your account.
  • Location information. If the Website includes location-enabled functionality, we may collect and process information about your actual location.
  • Local storage. We may collect and store information (including Personal Information) locally on your device using mechanisms such as browser web storage (including HTML 5).
  • Cookies and anonymous identifiers. We use various technologies to collect and store information when you visit the Website as described below, and this may include sending one or more cookies or anonymous identifiers to your device.

How We Use Information We Collect We take your privacy seriously. We use the information that we collect about you to provide, maintain, protect and improve the services and products that Evolve Technology Group provides to you. We do not sell your information to any third parties and only use it for legitimate business purposes. We use your Personal Information for the following purposes, or may use it for these purposes in the future:

• To respond to questions that you may have.
• To provide products or services you request.
• To inform you of updates regarding Evolve Technology Group or services or products that may be of interest to you.
• To provide administrative notices or communications applicable to your use of the Website.
• To manage your participation in events and other promotions where you have signed up for such events and promotions.
• To operate, evaluate and improve our business and the products and services we offer.
• To analyze and enhance our marketing communications and strategies.
• To analyze trends and statistics regarding visitors’ use of our Website.
• To protect against and prevent fraud, unauthorized transactions, claims and other liabilities.
• To improve our customer service.
• To respond to and support customers regarding their use of the Website.
• To comply with all applicable legal requirements.

Cookies and Other Tracking Technologies Some of our Website pages may utilize “cookies” and other tracking technologies like pixel tags and web beacons (often called “smart cookies”) to improve the functionality of the Website. Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Website you’ve visited so Evolve Technology Group can alert you to software compatibility issues and save your preferences for future visits to the Website. Web beacons and pixel tags are images embedded in a webpage or e-mail for the purpose of measuring and analyzing usage and activity. The Website, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality. Some cookies and other technologies may serve to recall Personal Information previously provided by a user. We use information collected from cookies and other technologies to improve your user experience and the overall quality of our services. We use cookies to help us identify and track visitors, their usage of the Websitge, and their access preferences. We may use your Personal Information to see which web pages you visit at our websites, which website you visited before coming to our website, and where you go after you leave our website. We can then develop statistics that help us understand how our visitors use our websites and how to improve them. Evolve Technology Group visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Evolve Technology Group websites; provided, however, that Evolve Technology Group disclaims, and you hereby waive, any claim or liability that may arise due to your partial or incomplete access to the content of any of the Evolve Technology Group websites as a result thereof. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection. We may ask for your consent before using information for a purpose other than those set out in this Privacy Policy. How We Share Information We Collect As part of the use of your information for the above purposes, we may disclose your Personal Information or Other Information to our vendors and other contractors who perform various functions on our behalf. In the event that we disclose Personal Information to a vendor or other contractor, we will take reasonable steps to assure that such third party appropriately protects such Personal Information. We also may provide Personal Information to our affiliates or other trusted businesses or persons who provide services to you or us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. If Evolve Technology Group, any of our affiliates, or the Website is involved in a merger, acquisition, asset sale, joint venture or other, similar transaction, we may transfer or allow access to Personal Information as part of the transaction and in review or preparation for it as described below under “Business Transfers”. We also may provide information about you to other third parties with your consent, for one of the purposes above, or for other appropriate purposes, e.g., following a subpoena or other legal process or to a regulatory agency in order to protect against fraud or investigate a criminal or civil matter or when Evolve Technology Group believes in good faith that disclosure is reasonably necessary to protect Evolve Technology Group’s rights and interests, third parties, or the public at large. How We Protect Your Information Evolve Technology Group discloses Personal Information to those of its employees, contractors, agents and affiliated organizations that need to know that information in order to process it on Evolve Technology Group’s behalf or to provide services. Some of those employees, contractors, agents and affiliated organizations may be located outside of your state, province or country. By using the Website or providing us information, you consent to the transfer of such information to them. Evolve Technology Group will not rent or sell potential Personal Information to anyone. If you have supplied your email address, you agree that in addition to any information you may have solicited or requested, Evolve Technology Group may further send you emails to provide you with information, to inform you of new products, to solicit your feedback, or to keep you up to date on Evolve Technology Group and its products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. You may choose not to receive marketing email communications from us by clicking on the “unsubscribe” link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us as specified in the “Contact Us”  section below, and we will honor your request. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, we may not immediately delete residual copies of Personal Information that is on our active servers and may not remove information from our backup systems. If you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated below. Evolve Technology Group undertakes commercially reasonable efforts to guard against unauthorized access, use, alteration or destruction of Personal Information, which efforts you agree are sufficient, adequate and complete. In some cases, we cannot control, and are not responsible for, information that is shared about you. For example:

• Social Media Accounts. Evolve Technology Group may maintain various social network accounts such as Facebook, Twitter or LinkedIn. Please note that comments and information that you leave in such settings are likely to be broadly visible and may not be controlled by Evolve Technology Group. We are therefore not responsible for any information or messages you leave in such settings or for how such information may be used by others.
• Accessing and updating your Personal Information. If you provide us with information in order to access or receive information from the Website, we may or may not be able to provide you with access to your Personal Information. If information that we control about you is incorrect, we strive to give you ways to update it quickly or to delete it (unless we have to keep that information for legitimate business or legal purposes). When updating your Personal Information, we may ask you to verify your identity before we can act on your request.

Business Transfers In the event (i) Evolve Technology Group engages in one more asset sales or purchases, (ii) Evolve Technology Group is acquired, (iii) Evolve Technology Group engages in one or more business combinations, mergers or acquisitions, (iv) substantially all of Evolve Technology Group’s assets are acquired, (v) Evolve Technology Group is subject to an event of bankruptcy, or (vi) Evolve Technology Group sells the Website or any related assets or rights in any URL, you acknowledge and agree that user information comprises an asset of Evolve Technology Group and that the same is subject to assignment, transfer and/or acquisition by a third party. Accordingly, and notwithstanding anything to the contrary in this Privacy Policy, you acknowledge and agree that such transfers may occur, and that any acquirer of Evolve Technology Group may continue to subsequently use your Personal Information, and that such subsequent use may not be consistent with this Privacy Policy. Advertisements Advertisements appearing on the Website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Evolve Technology Group and does not cover the use of cookies by any advertisers. Third Party Links The Website may contain links to webpages or tools operated by parties other than Evolve Technology Group. We do not control such websites or tools and are not responsible for their contents or the privacy policies or other practices of such websites or service providers. Our inclusion of links to an outside website or tool does not imply any endorsement of the material on such websites or tools or any association with their operators. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from an electronic platform (such as an app) or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which you will be subject to upon accessing the third party’s website. We strongly recommend you review the third party’s terms and policies. Children The Website is not intended for use by children.  We do not intentionally gather Personal Information about individuals who are under the age of 13.  If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13, please contact us at [email protected].   If we learn that we have inadvertently collected the Personal Information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible. Do Not Track Some browsers have a “Do Not Track” feature that lets you tell websites and online services that you do not want to have your online activities tracked. Such browser features and industry standards are not uniform, so our websites and online services do not respond to those signals. Notice to California Residents – Your California Rights   This section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following do not apply to individuals who do not live in California on a permanent basis.   Rights Provided by California Civil Code Section 1798.83 A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at 236 Outlook Point Drive, Suite 800 Orlando, FL 32809 or emailing Evolve Technology Group at [email protected]. Please note that we are only required to respond to two requests per California Customer each year under Code Section 1798.83. Rights Under the California Consumer Privacy Act   This section of our Privacy Policy provides California residents with a comprehensive description of Evolve Technology Group’s online and offline practices regarding the collection, use, disclosure, and sale of Personal Information and the rights of California consumers regarding their Personal Information under the California Consumer Privacy Act (“CCPA”). This section applies to all California residents (but not including legal entities, such as companies). The section will not apply, however, if Evolve Technology Group does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the CCPA does not protect information that is already protected by certain other privacy laws, and it does not protect information that is already publicly available).

1. You have a Right to Know About Personal Information Collected, Disclosed, or Sold.

California residents have the right to request that Evolve Technology Group disclose what Personal Information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you. Evolve Technology Group primarily provides services solely to businesses and not to individual California residents. All information that Evolve Technology Group collects from California residents is the same and is described in this Privacy Policy, i.e., names, email addresses, any other information you provide in our open form, and information derived from cookies. Based on our use of cookies and other, similar devices, we also track IP addresses. We use this information, and share it with others, also as described in this Privacy Policy. Because Evolve Technology Group only collects a limited amount of information, we are unable to verify the actual individual who may have made a call or used a particular computer or other device. Therefore, in order to protect your privacy and security, we are unable to provide you a copy of such information because we cannot confirm that the person making the request is the one who actually used the service. We do not want to provide your Personal Information to someone who is posing as you. In the last 12 months, Evolve Technology Group has collected the following categories of Personal Information from individuals from the following sources: “Personal Information,” for purposes of this section regarding the rights of California residents, does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Evolve Technology Group does not sell any Personal Information.

2. You have a Right to Request Deletion of Personal Information about You.

California consumers have a right to request the deletion of their Personal Information collected or maintained by businesses in California. All information Evolve Technology Group receives from cookies is automatically deleted within thirty (30) days. Any other Personal Information we receive regarding you will be retained solely for internal uses which are reasonably aligned with your expectations based on our relationship with you or to complete the service for which the personal information was collected, i.e., to provide you with information about our products at your request. As such, all information we collect is either automatically deleted as required by the CCPA or is not subject to the right to deletion under the CCPA. In no event will we use such information for any other purpose, and as noted below, we do not sell Personal Information.

3. Sale of Personal Information

Evolve Technology Group does not sell Personal Information

4. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have a right not to receive discriminatory treatment by Evolve Technology Group for exercising any of your privacy rights conferred by the CCPA. Evolve Technology Group will not discriminate against any California consumer because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:

• Denying goods or services.
• Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
• Providing a different level or quality of goods or services.
• Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

Contact Us If you have any specific questions about this Privacy Policy, you can contact: Evolve Technology Group Attn: Privacy Officer 236 Outlook Point Drive, Suite 800 Orlando, FL 32809 Policy Changes Evolve Technology Group reserves the right to change this Privacy Policy from time to time and at any time, without notice, within the sole, independent, absolute and uncontrolled exercise of its discretion. Evolve Technology Group encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of the Website after any change in this Privacy Policy will constitute your acceptance of, and consent and agreement to, such change.   Website Terms of Use  

1. Scope of Use.  Evolve Technology Group LLC (“Evolve Technology Group”) provides this website evolvemediagroup.com (the “Site”) to you, the user of the Site and any business on whose behalf you act (“you” or “your”), for your informational, noncommercial use, and subject to the following Website Terms of Use (these “Terms”). For the purpose of the following Terms, references to “we”, “us” and “our” include Evolve Technology Group and its affiliates, subsidiaries, agents, representatives, successors and assigns. Using the Site to evaluate whether to enter into a business relationship with us will not constitute a commercial use for the purposes hereof. It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject your compliance with these Terms and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. YOU MAY NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.

 

2. Modifications. We reserve the right to modify the Site and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Site at any time without prior notice to you.

 

3. Restrictions on Use. You will not use the Site for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Site or the server hosting the Site nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Site in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (iii) manipulates or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site other than the main homepage (i.e. deep-linking) located at evolvemediagroup.com; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Site or copies any content or information on the Site; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Site; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Site; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. Use of the Site is limited to persons eighteen (18) years of age or older.

   

4. Privacy Policy. You may view a copy of our privacy policy. (“Privacy Policy”), which explains our practices relating to the collection and use of your information through or in connection with our Site. The Privacy Policy is incorporated into these Terms and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Site.

 

5. Access & Security. If you use any of our services or provide us any information through the Site, such as your name, employer, birth date, address, zip code, phone number, contact details, and/or email address, you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Site (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Site, including without limitation requesting additional information.

  You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.  

6. No Warranties. THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE SITE OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SITE BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE MATERIALS PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

 

7. Trademarks. All trademarks, service marks and logos that are used or displayed on the Sites are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos and scripting on the Site may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without our prior written permission.

   

8. Reviews, Comments and Other Content. If you post or submit any reviews, comments, photos, statements, ideas, questions or other content, or any names or user names associated with any of the foregoing, to the Site or to us (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 3 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell, create derivative works from, or otherwise use the Content on any media and in any form for our business purposes. You represent and warrant that all Content that you submit or post complies with any applicable guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content you submit to the Site or us is accurate, truthful and non-deceptive and that all Content has evidence to back up the claims made.

 

9. Violation of Rules and Regulations; Disclosure of Information. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Site, including, without limitation, these Terms, including the right to block access from a particular Internet address to the Site. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.

 

10. Indemnity. You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Site; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; and/or (v) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.

 

11. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITES; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES.

  OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES RELATED TO THE SITE OR THE USE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE PRODUCT OR SERVICE PURCHASED ON OR THROUGH SITE UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TWENTY UNITED STATES DOLLARS ($20.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.   BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”   Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.  

12. Third Party Sites. Some links in the Site may navigate you away from the Site or redirect you to other websites, including websites operated by third parties. The linked third party websites are not under our control, and the content available on the linked third party websites does not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites.

  We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the Site is at your own risk. We are under no obligation to maintain any link on the Site and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.  

13. No Fiduciary Relationship. Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.

 

14. Your Authority. You represent and warrant that if you act on behalf of a business that you have all necessary authority and permission to bind such business to these Terms and the actions you take with respect to the Site, including, without limitation any uses and purchases you make.

 

15. Right to Monitor. We reserve the right, but have no obligation, to actively monitor the use of the Site and use any information gathered during such monitoring for any permissible purpose under the Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from the Site that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for the Site.

 

16. Electronic Communications and Notice. When you visit the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

  All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Evolve Technology Group is 236 Outlook Point Drive, Suite 800 Orlando, FL 32809. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.  

17. Use Outside of the United States; Choice of Law; and Venue. The Site is operated by us from our offices within the United States of America and is intended for users solely within the United States of America. We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where you live or are located in the world, you consent to these Terms and any claims relating to the information, services or products made available through the Site will be governed by the laws of the State of Georgia, U.S.A., excluding the application of its conflicts of law rules. These Terms will be governed by, construed and interpreted in accordance without reference to the United Nations Conventions on Contracts for the International Sale of Goods.  You agree that venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in Georgia, U.S.A.

 

18. Time Limit on Claims Against us. You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

 

19. Severability and Waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

 

20. Assignment. We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Term or your rights under these Terms without our prior written consent and any assignment in violation of this prohibition will be null and void.

 

21. Our Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

22. How to Contact Us. If you have any questions regarding the Site or these Terms, please contact at us at [email protected].

 

23. Survival. Sections 6 through 11, 13 and 17 through 21 of these Terms and any other provision of these Terms that, by its nature, will survive termination or is required for the interpretation of the foregoing sections will survive any termination of these Terms for any reason.