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EvoShield Terms Of Service


These Terms of Service (these “Terms”) are effective as of May 5, 2015.


Acceptance of Terms of Service

By accessing or using this website or other services provided by EvoShield, you signify that you have read, understand, and agree to these Terms and any other applicable law. EvoShield may change these Terms at any time without notice, effective upon its posting to www.evoshield.com (this “Site”). The continued use of the Site will be considered your acceptance of the revised Terms of Service. If you do not agree to these Terms, please exit the Site immediately.


Questions Regarding Terms of Service

If you have any questions or concerns regarding these Terms of Service, please contact us by sending an e-mail, or writing us at:

EvoShield, LLC
Attn: Legal Department
300 Commerce Blvd
Athens, GA, 30606


Intellectual Property

All intellectual property on the Site (except for User Generated Content) is owned by EvoShield or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., EvoShield name and Shield logo) are owned, registered and/or licensed by EvoShield. All content on the Site (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the propriety property of EvoShield; All rights reserved.


Individual users of this Site are permitted to download copies of the Content on this Site for personal, noncommercial use. This limited, revocable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstance, (a) modify the information on the Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any part of this Site or its Content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from EvoShield, unless it is your own User Generated Content that you legally post on the Site. The use of any materials from this Site on any other web environment is prohibited.


User Account

You are responsible for any and all actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. EvoShield is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.


Product Orders

All orders placed on the Site are subject to EvoShield’s acceptance. EvoShield may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, EvoShield will issue you a refund.


Product Details

We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on the Site, your sole remedy will be to contact EvoShield Customer Service and adhere to our Returns Policy.

Colors are represented as realistically as possible, but color variation of product images or color swatches are outside of our control due to software, hardware, internet connections, and display settings that can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to contact EvoShield Customer Service and adhere to our Returns Policy.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update product information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may relate to product description, pricing, and availability.


Site Does Not Contain Medical Advice

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should use the information on this Site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.

You expressly agree that your athletic activities, which generate the user Generated Content you post or seek to post on or via the Site (including but not limited to Baseball, Softball, Football, Soccer, Lacrosse, Hockey, Running, and Weight Training activities) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction or negligence of EvoShield or others.


User Generated Content

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Site users post or otherwise make available on or through the Site, except to the extent the Content is owned by EvoShield. To post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms for anyone under 13 to register for the Site. You represent and warrant that you are 13 or older.


User Generated Content Posting Rules

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Site. Do not take any action or post anything that may expose EvoShield or its users to any harm or liability of any type. Stay on topic and post only constructive comments and questions. Unless the Site feature asks for it, don’t talk about policies, future products, speculations or rumors about EvoShield. Insults are prohibited. Do not post User Generated Content, or a link to a website, that, in EvoShield’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk”, intimidate, abuse, harm or harass another Site user or person. Do not post personal information. Do not collect or solicit personal information from other Site users or send unsolicited emails or other communications. Do not collect, use or post on the Site the private information of anyone else without their consent or for illegal purposes. This Site is not to be used for any commercial purpose including advertising, solicitation, or commercial content. Do not post any User Generated Content that violates and state or federal laws or promotes illegal activities.


Our Rights with User Generated Content

We do not claim ownership of User content or User Data. However, with respect to User Generated Content you submit or make available on the Site, you grant EvoShield a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, incorporate, and otherwise exploit such User Generated Content for any purpose – commercial, marketing, advertising, or otherwise – or in connection with our business, the Site, and/or promotion or marketing thereof. You acknowledge and agree that: (a) we have the right to arrange the posting of User Generated Content in any way it desires in EvoShield’s sole discretion; (b) EvoShield has no obligation to provide you with any credit when using your Content, but in the event EvoShield chooses to provide you with credit, the size and placement of the credit is at EvoShield’s sole discretion; (c) any “moral rights” in your User Generated Content have been waived; and (d) you are not entitled to any compensation or other payment from us in connection with use of your User Generated Content. Notwithstanding the above, we will not make compensation or other payment from us in connection with use of any User Generated Content in a manner that is consistent with our Privacy Policy.


Third Party Links

The Site may contain links to applications, websites, or other services operated by other companies (“Third Parties”). EvoShield does not endorse, monitor or have any control over these Third Parties, which have separate terms of use and privacy policies. EvoShield is not responsible for the policies or content of other Third Parties you access at your own risk.


Indemnification

You agree to indemnify, defend, and hold harmless EvoShield, LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including , without limitation, attorneys’ fees, arising from or relating to any way to your User Generated Content, your use of Content, your use for the Site, your conduct in connection with the Site or with Site users, or any violation of these Terms, any law or the rights of any Third Parties.


Privacy Policy

Our Privacy Policy can be found www.evoshield.com/privacy-policy, and further describes the collection and use of additional information on the Site.


Limitation of Liability

EvoShield shall not be liable for any direct, special, incidental, indirect, or consequential damages, including for any lost profits or lost data, that result from the use or, or the inability to use, this Site or the performance of the products purchased through the Site or the conduct of other Site users even if EvoShield has been advised of the possibility of such damages. You assume total responsibility for your use of the Site.


Severability

If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.


Termination

You agree that EvoShield may, under certain circumstances and without prior notice, immediately terminate your Account and/or access to the Site. Cause for such termination includes, but is not limited to, real or suspected breaches or violations of the Terms, other incorporated agreements, Guidelines, and/or additional terms.


Governing Law

The Terms and relationship between you and EvoShield is to be governed by the laws of the state of Georgia, and federal law as applicable, without regard to conflict of law provisions of the state of Georgia. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of EvoShield products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Athens-Clarke County, Georgia. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Athens-Clarke County, Georgia. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of EvoShield products) must be commenced within one (1) year after the claim or cause of action arises. By using the Site, you agree to receive certain electronic communications from EvoShield. You agree that any notice, agreement, disclosure or other communication that EvoShield sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. EvoShield’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms. EvoShield may assign its rights and duties under these Terms to any party at any time without notice to you.


Last Revision: May 5, 2015

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