Evolve Vapor™ Terms & Conditions
Effective Date: March 28, 2018
RESTRICTION OF MINORS
This Site is intended only for consumers 18 or 21 depending on state law years of age or older (“Adults”). By accessing or using this Site, you represent and warrant that you are at least 18 or 21 depending on state law years of age. Evolve Vapor’s policy is to not market, sell, advertise, or promote its products to youth. Because we take this policy very seriously, you will be denied access to and use of the Site if we suspect or determine that you are not an Adult. We ask that you report here any occurrences of minors accessing or using this Site of which you become aware.
Unless otherwise noted, all designs and content featured on the Site, including navigational buttons and images, artwork, graphics, photography, text, icons, images, html code, brands, the overall appearance of the Site, and the like, are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Evolve Vapor. The Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests in and to this Site and its contents are reserved by Evolve Vapor. Except for the right of authorized retail or other business customers to purchase goods from the Site, the contents of the Site are intended solely for your personal, non-commercial use. Any use of our Site and its content for purposes other than personal, non-commercial use is prohibited, unless you first obtain the express prior written permission of Evolve Vapor to do otherwise. You shall not reproduce, publish, display, modify, sell, or distribute any of the materials and content on the Site. Should you choose to download, copy, or forward any of the Site’s contents via email or otherwise for your personal, non-commercial use, you acknowledge and agree that no right, title, or interest in those contents will be transferred to you. You acknowledge and agree that you, and not Evolve Vapor, are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services required to access and use this Site, and for paying all charges therefore.
You shall comply with all applicable laws and regulations when accessing and using this Site. If you become aware of any unlawful, offensive, or objectionable materials on the Site, please promptly notify us here. You may not use or link to this Site in any manner that would disparage or bring into disrepute Evolve Vapor and/or any of its representatives, agents, employees, officers, directors, owners, members, affiliates, or any related entities or individuals.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content thereof Evolve Vapor does not control. Therefore, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource, and not to Evolve Vapor.
You agree that Evolve Vapor may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Evolve Vapor’s products or services, or for such other business purpose(s) as Evolve Vapor deems appropriate.
Although we will make every effort to respond quickly to applicable messages from you, Evolve Vapor is under no obligation to respond to all pieces of correspondence received through the Site or otherwise, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding Evolve Vapor, our products, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or otherwise. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through the Site shall become and remain the property of Evolve Vapor Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual property rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas, or comments unless we first obtain your permission to do so or are otherwise required by law to do so.
SWEEPSTAKES, PROMOTIONS, AND SURVEYS
We may offer sweepstakes, promotions, and surveys on the Site with which you may interact. You are not required to do so, and may elect to not participate in the same. Should you choose to participate in any such sweepstakes or surveys, you acknowledge and agree that Evolve Vapor may use information you provide for business purposes, such as providing you with targeted advertisements regarding Evolve Vapor’s products and services.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor and other factors, we cannot guarantee that your monitor’s display of any color will be accurate.
THIS SITE AND ALL CONTENTS OF THE SITE, AS WELL AS ALL INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE, BY YOUR ACCESS TO OR USE OF THE SITE, THAT YOUR ACCESS TO AND USE OF THE SITE ARE DONE AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF OUR SITE, AND THAT EVOLVE VAPOR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO OR USE OF THIS SITE.
LIMITATION OF LIABILITY
NEITHER EVOLVE VAPOR NOR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, OR RELATED ENTITIES OR INDIVIDUALS SHALL BE LIABLE FOR ANY CLAIMS, CAUSES OF ACTION, LAWSUITS, PROCEEDINGS, LIABILITIES, COSTS, LOSSES, EXPENSES, DAMAGES, FINES, FEES, OR PENALTIES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO OR USE OF THIS SITE OR ITS CONTENT OR ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE. EVOLVE VAPOR SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER. EVOLVE VAPOR SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR THE UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ITS CONTENT IS TO STOP ACCESSING AND USING THIS SITE.
From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may, for example, relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
This Site features Evolve Vapor products and well as the products of other businesses. Evolve Vapor may also provide links to the sites of affiliated companies and certain other businesses. Evolve Vapor is not responsible for examining or evaluating, and we do not warrant the offerings of, any other businesses or individuals or the content of their websites. Evolve Vapor does not assume any responsibility or liability for actions, products, or content of the foregoing or any other third party. You should carefully review the terms of service and privacy policies of any parties other than Evolve Vapor.
Evolve Vapor has the utmost concern about the security of any information transmitted to this Site. However, Evolve Vapor cannot absolutely guarantee the impregnability of any email or other transmissions or communications or assure the confidentiality of information transmitted or communicated on, to, or through the Site. Therefore, except as may be otherwise required by law, you acknowledge and assume all risks associated with any information (including personal and financial information) or other content you may provide on, to, or through this Site or to Evolve Vapor or any other party through this Site, and Evolve Vapor disclaims any liability for damages or losses which you may incur as a result of such information or other content provided by or on your behalf.
You agree to indemnify, defend, and hold Evolve Vapor and its members, officers, directors, owners, employees, agents, representatives, affiliates, and related entities and individuals (the “Indemnified Parties”) harmless from and against any and all damages, losses, costs (including court costs), expenses, judgments, fines, fees (including reasonable attorneys’ fees), penalties, and other liabilities the Indemnified Parties may incur as a result of any claims, causes of actions, lawsuits, or proceedings arising from or related to any of the following: (a) your access to or use of, your inability to access or use, or your activities connected with, this Site or its contents; (b) your violation of these Terms or the law; (c) any allegation that your conduct, or any information or materials you make available on, to, or through this Site, infringe upon or otherwise violate the rights of another, whether those rights are contractual, legal, equitable, or otherwise (including intellectual property rights, privacy rights, and rights of publicity); or (d) your violation of any rights of any visitor to this Site or any other third party.
You acknowledge and agree that this Agreement is entered into in the Commonwealth of Kentucky and that the Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Kentucky without regard to its or any other jurisdiction’s conflict of laws rules or principles. By accessing or using this Site, you agree and hereby submit to personal jurisdiction and venue within the Circuit Court of Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky, as applicable, with respect to all matters regarding or arising from the access to or use of this Site. All legal issues arising from or related to the access to or use of this Site, including, but not limited to, access to or use of the information, content, products, or services offered by Evolve Vapor, shall be governed by the laws of the Commonwealth of Kentucky without regard to its or any other jurisdiction’s conflict of laws rules or principles. Any legal suit, action, or proceeding arising out of or related to any of the foregoing shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Kentucky, that are located in the city of Louisville and County of Jefferson, and you irrevocably submit and consent to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You agree not to, and waive the right to, object to or otherwise challenge any such action brought in such courts on the grounds of lack of personal jurisdiction, improper venue, or inconvenient forum.
These Terms constitute the entire agreement between you and Evolve Vapor regarding this Site and your access to and use thereof, and supersede all prior and contemporaneous understandings and agreements with respect to such subject matter.
You may contact Evolve Vapor by sending an email here, or by mailing written correspondence to:
Evolve Vapor, LLC ATTN: Customer Service Department 310 Daniel Webster Hwy, Nashua, NH 03060