The EvStructure Co. LLC | Terms of Use
This Site is operated by The EvStructure Co. LLC (hereafter “EVS”). When you use this Site, you agree to the Terms and Conditions that follow. If you do not agree to these Terms and Conditions, you should immediately cease use of this Site.
- PURPOSE OF THE SITE
This Site is operated for the purpose of providing general information about EVS. EVS maintains this Internet Site as a service to the Internet community, our Customers, Consultants and Affiliates. You may download certain content only for your personal, non-commercial use. The content may not be otherwise copied and may not be modified. (Please see Use of Material from this Site below for additional information.)
- USE OF SITE
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” under these Terms as defined herein. As a “User,” you may utilize the Service, the Site, and the information, writings, images and/or other works or content that you see, hear or otherwise experience on the Site solely for your non-commercial, personal purposes and/or to learn about our products and services. No right, title or interest in any Content is transferred to you, whether as a result of copying or downloading such Content or otherwise.
In addition, by accessing this Site and becoming a “User” you certify that you are eighteen (18) years of age or older as defined herein. If you are under the age of eighteen (18) but are at least thirteen (13) years old you may use this Site only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms of Use as stated herein.
III. USE OF MATERIAL FROM THIS SITE
This Site (including all its contents) is the property of EVS and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the Site and print and download copies of material on the Site for your personal, noncommercial use only; you are not authorized to remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display, or transmit any material on the Site in any manner or medium. You also agree not to modify, sell, broadcast, or distribute any material on the Site in any manner or medium, including by uploading the material or otherwise making the material available online.
- TRADEMARKS
This Site features logos and other trademarks and service marks that are the property of, or are licensed to, EVS. The Site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
- LINKS
This Site may include links to other sites; some of the other sites may be operated by EVS and some of them may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Third-party sites may contain information with which EVS does or does not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
Accuracy, Completeness and Timeliness of Information on the Site: EvStructure.com is not responsible if information that EVS makes available on this Site is not accurate, complete or current. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to the Site.
- NOTICE AND TAKE-DOWN PROCEDURES & COPYRIGHT AGENT
If you believe any materials accessible on or from this Web Site infringe your copyright, you may request removal of those materials (or access thereto) from this Web Site by contacting Legal and Compliance Department (identified below) of EvStructure.com, and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
VII. CLIENT/AFFILIATION/MEMBERSHIP AND REGISTRATION
Use of the EVS Web Site may require you to engage in a registration process or may otherwise require you to provide information in order to access certain features of, or certain content on, the Site. The decision to provide this information is purely voluntary and optional. Any information you provide is maintained and governed by our Privacy Policy.
If you agree to register on the Site, you agree to accept responsibility for all activities that occur under your account, and agree you will not sell, transfer or assign your account, any rights associated with your account. You are also responsible for maintaining the confidentiality of your account information, including password and email address, to restrict access to your computer, and access to the password protected portion of the Site. You agree to accept responsibility for all activities that occur under your member identification and password.
VIII. AVAILABILITY OF PRODUCTS AND SERVICES MENTIONED
Information that EVS publishes on this Web Site may contain references or cross-references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that EVS intends to announce or make available such products or services to the general public in any particular country.
- DISCLAIMERS & WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
EVS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NON-INFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY.
IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LTHC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER EVS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPLTHCAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- USER LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
XII. JURISDICTION
EVS makes no representation that information on this Web Site is appropriate or available for use outside the United States. EVS is headquartered in Pasadena, California in the United States of America, and this Site is operated in the United States. The laws of the State of California and the United States of America govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in California for any action to enforce these terms and conditions.
The laws of the State of California apply to these Terms (without regard to California conflict of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Pasadena, California for any cause of action relating to or arising under these Terms or the Site.
XIII. INTERNATIONAL USERS
Although this Site has been designed to comply with the laws of California and of the United States of America, we acknowledge that it is possible for people to obtain access to this Site from any country or jurisdiction in the world, and we have no practical ability to prevent such access.
If this Site is viewed internationally, those international Users are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside the United States at this time.
If any material on this Site, or any use of the Site, is contrary to the laws of the place where the User is located when the Site is accessed, the Site is not intended for that User, and that User should not use the Site. Those who choose to access this Web Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All international Users are responsible for informing themselves of the laws of their jurisdictions and complying with those laws.
All software, and all intellectual property and proprietary information contained on the software, used on this Site is subject to U.S. export controls. The applicable Laws and Regulations of the United States require that no software may be exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site to any person, geographic area or jurisdiction at any time.
XIV. SUBMISSIONS TO LTHC AND AFFILIATED SERVERS
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to EVS through this Web Site is the exclusive property of EVS. We are entitled to use any information submitted for any purpose, without restriction (except as stated in EVS’s Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to EVS and accepts responsibility for its accuracy, appropriateness, and legality.
- CHANGES TO THESE TERMS
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.
XVI. California PRIVACY RIGHTS
Under the California Civil Code, residents of the State of California, have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2014 will receive information about 2013 sharing activities). We do not share said information and we comply with this law by offering our Users the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at:
The EvStructure Co., LLC
3579 Foothill Blvd.
Suite #213
Pasadena, California 91107
Email: info@evstructure.com
Phone: (866) 647-5638
You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.
Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Affiliate members if you would like to obtain information about any disclosure that he or she or they may have made regarding your personal information.
XVII. GENERAL PROVISIONS
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
XVIII. CONTACT FOR LEGAL AND COMPLIANCE ISSUES RELATING TO THIS WEB SITE
Legal and Compliance Department
The EvStructure Co., LLC
3579 Foothill Blvd.
Suite #213
Pasadena, California 91107
Email: info@evstructure.com
Phone: (866) 647-5638
XIX. FOR ADDITIONAL INFORMATION
If you have any questions about the rights and restrictions above, please email us at info@evstructure.com or write to us at:
The EvStructure Co. LLC
3579 Foothill Blvd.
Suite #213
Pasadena, California 91107
Or Click Here to be taken to our Contact Us page
