PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If you do not agree to
these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of EVOLUTIONMAN. The
collective work includes works that are licensed to EVOLUTIONMAN. Permission is granted to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with EVOLUTIONMAN or purchasing
EVOLUTIONMAN products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with EVOLUTIONMAN or
to purchase EVOLUTIONMAN products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by
EVOLUTIONMAN. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of EVOLUTIONMAN used in
the site are trademarks or registered trademarks of EVOLUTIONMAN
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, EVOLUTIONMAN
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. EVOLUTIONMAN does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. EVOLUTIONMAN
does not make any warranties or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
EVOLUTIONMAN shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if EVOLUTIONMAN has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a EVOLUTIONMAN product is mistakenly listed at an
incorrect price, EVOLUTIONMAN reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. EVOLUTIONMAN
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled,
EVOLUTIONMAN shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by EVOLUTIONMAN
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
EVOLUTIONMAN may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to EVOLUTIONMAN.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of EVOLUTIONMAN products) shall be in the
state or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of EVOLUTIONMAN products) must be commenced
within one (1) year after the claim or cause of action arises.
EVOLUTIONMAN's failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions.
EVOLUTIONMAN may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a EVOLUTIONMAN or other licensed employee, host, or
representative, as well as 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 which
may constitute or encourage a criminal offense, violate the rights of any party
or which may 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.
Participation Disclaimer
EVOLUTIONMAN does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, EVOLUTIONMAN is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
EVOLUTIONMAN reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to EVOLUTIONMAN in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless EVOLUTIONMAN, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, EVOLUTIONMAN
may link to sites operated by third parties. However, even if the third party
is affiliated with EVOLUTIONMAN, EVOLUTIONMAN has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of EVOLUTIONMAN. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
EVOLUTIONMAN seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).
Returns
Please note that EVOLUTIONMAN
LLC does not offer returns or exchanges on products at this time.
