Evolve’s Terms of Use

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Use of the Platform and Posting Policy

The following requirements apply to your use of the Platform.

You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, defamatory, obscene, threatening, harassing, abusive, pornographic, or is otherwise objectionable or inappropriate determined by Evolve.

You will not enter, upload, reproduce or distribute any information, software, or other materials protected by copyright or any other intellectual property right without first obtaining the permission of the owner of such rights.

You will not collect or store personal data about other users.

You will not use the Platform for any commercial purpose not expressly approved by Evolve in writing.

You will not upload, post, email, include in any messages, or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Evolve’s system or any third party’s computer. You further agree that you will not share or post any content that undermines the operation of the Platform.

Grant of License

The Platform, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data and other embedded software), Platform Updates (as defined below), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Evolve subject to the terms of this Agreement. Neither title nor any intellectual rights are transferred to you, but rather remain with Evolve, who owns the full and complete title, and Evolve reserves all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to Evolve’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights.

Your rights under this Agreement will terminate automatically without notice from Evolve if you fail to comply with any of the terms of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform.

Evolve Content

Evolve provides the Platform to you, subject to this Agreement. The Platform, and any services performed, provided or enabled by or through the Platform and all the information, communications, scripting, photos, text, video, graphics, images, and other materials provided to you via the Platform (collectively “Content”), are intended for the lawful use by registered users of the Platform. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Evolve if any of your information changes.

Communicating with Evolve

On certain areas of the Platform you may be given the ability to contact Evolve by electronic mail, for example, to provide feedback or ask questions. The information that you provide to Evolve through the Platform is governed by Evolve’s Privacy Policy.

By using the Platform, you acknowledge and agree that any materials, ideas or other communications you transmit to Evolve in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Evolve may be used by Evolve anywhere, anytime, and for any reason whatsoever.

Mobile Service, Internet, and Service Fees

The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires the use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from Evolve, your mobile carrier, or third-party service providers.

Intellectual Property Ownership

There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Platform and in the Content. By making these Trademarks available through the Platform and in the Content, Evolve is not granting you a license to use them in any fashion, and you are not granted any license under any of Evolve’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No Evolve Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without Evolve’s prior written permission.

The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Evolve, or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law.

Accounts, Passwords, and Security

If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Evolve with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid phone number and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Evolve immediately of any unauthorized use of your Evolve’s account.

Links to Third-Party Sites and Services

The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners. The Platform may allow you to add/configure certain third-party services (“Third-Party Services”) to your device. Evolve has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

Mobile App Platform Updates

Evolve may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control.

Evolve may, at its discretion, automatically download Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them.