TERMS & CONDITIONS
This website (this "Site") is provided to you ("you" or "your") by EVG Solutions, Inc. and its affiliates (collectively, "EVG Solutions" or "us" or "we"). By accessing this Site and its various pages, you agree to be bound by these Terms and Conditions (these "Terms"). If you do not agree to these Terms, do not access this Site or any of its pages. Your use of this Site will be deemed to mean that you accept these Terms.
This Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any product or services that may be mentioned on this Site. If you wish to learn more about information contained on this Site, please contact a EVG Solutions independent sales representative (a "Representative").
Copyright and Trademark Rights
This Site, including, but not limited to, the source and object codes, logic, all graphical and navigational elements, the compilation, arrangement, structure, and sequence of all components, all content and applications, and the information on this Site, including, but not limited to, text, data, and "look and feel," audio elements, videos, images, and pictures, regardless of the form or media in which the original or copies may exist, is the sole and exclusive property of EVG Solutions and its licensors. You may not reproduce, copy, transmit, sell, sublicense, display, distribute, publish, broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit any portion of this Site or any information provided on this Site in any manner (including in electronic, print or other media, whether now known or hereafter developed) without the express written consent of EVG Solutions. EVG Solutions may enforce its intellectual property and proprietary rights to the fullest extent of the law, including seeking civil remedies and criminal prosecution.
Copyright © 2022- 2024 EVG Solutions. © EVG Solutions. Copyright in all content on this Site is owned exclusively by EVG Solutions and its licensors, unless otherwise indicated. All Rights Reserved.
Trademarks
The trademarks, service marks, logos, trade names, trade dress, URLs and domain names ("Marks") appearing on this Site are the exclusive property of EVG Solutions or its licensors and are protected by U.S., Canadian and international laws and treaties. You may not use, copy, reproduce, download, modify, publish or display any of the Marks. Any use of any Mark without EVG Solutions's express written consent is strictly prohibited. All rights in the Marks are reserved by EVG Solutions and its licensors. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
EVG SOLUTIONS®, EVG SOLUTIONS a diamond with the lets “E”, “V”, “G” within logo are registered trademarks of EVG Solutions and are used in the United States. EVG Solutions also has proprietary rights in certain other trademarks and service marks contained on this Site.
Submissions
Any idea, feedback, suggestion, concept, know-how or technique, pictures, videos, audio material, graphics, maps, text or information submitted to EVG Solutions (via this Site, by email or otherwise) (collectively, "Submissions") shall be deemed and remain the property of EVG Solutions, and EVG Solutions shall be free to use such Submissions in any way, at any time and for any purpose, without any obligation to you or restriction of any kind, including, but not limited to, any confidentiality, payment, attribution or similar obligations, except as expressly agreed to in writing by the EVG Solutions entity having the direct customer, contractor or other relationship with you or as otherwise required by law.
Links to This Site
You are granted a limited, revocable, non-exclusive right to create a hypertext link to this Site, provided the link does not portray EVG Solutions or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be immediately revoked at any time. Without EVG Solutions’ express written consent, you may not use, frame or utilize framing techniques to enclose any EVG Solutions trademark, service mark, logo or other proprietary information, including, but not limited to, the images found at this Site or the content of any text or the layout/design of any page or form contained on a page. Except as expressly stated above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of EVG Solutions or any third party.
Use of Third-Party Links
This Site may contain links to websites or applications owned, controlled or offered by third parties who are non-affiliates of EVG Solutions (collectively, "Third-Party Websites"). Such Third-Party Websites may have different terms and conditions governing access and use of those websites, and you should review any such terms and conditions to understand the rights and obligations as between you and the relevant third party.
EVG Solutions hereby disclaims any and all liability for any information, content, materials, products or services posted on or offered by any Third-Party Websites. By providing a link to a Third-Party Website, EVG Solutions does not endorse, recommend or make any representation or warranty with respect to any products, services, information, content or materials contained on such website or offered by such third party. Further, EVG Solutions is not, and shall not be, liable for (i) any failure of any such product or service, (ii) any such information, content or materials, or (iii) the adequacy, accuracy or legality, or any other aspect, of the Third-Party Website, even if such Third-Party Website, information, content, materials, products, or services can be accessed through a link from this Site. EVG Solutions does not vouch for, or make any representations or warranties with respect to, the security of any Third-Party Website or guarantee that such Third-Party Website is free from malware of any nature. You alone will bear the sole responsibility of evaluating the merits and risks associated with accessing or using Third-Party Websites and the access or use of any information, content, materials, products or services provided by such third parties. All concerns, issues or questions regarding the usability or functionality of any Third-Party Website should be directed directly to the Third-Party Website's operators.
When you access or use any Third-Party Website, information about you may be collected and used by the relevant third party, which may have different privacy and security practices from those of EVG Solutions. You should read such third party's privacy and security notices to understand how it will use and protect your information, including, but not limited to, personal information and any other information you may include in a product application that you submit. Additionally, electronic transmissions to and from this Site may not be confidential and may be read or intercepted by others. You acknowledge that any such transmissions are made at your own risk.
Social Media
See Social Media Disclosures
Additional Terms/Terms for Other Sites/Governing Provisions
All matters arising in connection with or relating to these Terms and/or this Site, or the enforcement or construction of these Terms, shall be governed by and resolved in accordance with the laws of the State of Virginia, U.S.A., without regard to any conflict of law principles that would result in the application of the laws of a different jurisdiction. Any suit, action or other legal proceeding arising out of or relating to these Terms and/or this Site shall be brought and adjudicated only in a court of competent jurisdiction located in Arlington County, Virginia, and you hereby consent to and waive any objection to the personal jurisdiction and venue of such court in any such suit, action or other legal proceeding.
This Site is offered at the sole and absolute discretion of EVG Solutions, which reserves the right to change or terminate this Site or any portion thereof at any time.
Certain sections or pages on this Site, and other EVG Solutions websites and applications linked to by this Site, may contain separate terms and conditions that are in addition to these Terms. In the event of a conflict between these Terms and such additional terms and conditions, the additional terms and conditions will govern for the relevant sections, pages, websites or applications.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL PORTIONS THEREOF (INCLUDING, BUT NOT LIMITED TO, ITS CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". EVG SOLUTIONS DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, ADEQUACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THIS SITE OR ITS CONTENT AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS. EVG SOLUTIONS FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO COMMUNICATION RELIABILITY, INTERRUPTIONS, INTERCEPTIONS, OR LOSS OF DATA OR THAT THIS SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUSES, IS GIVEN IN CONJUNCTION WITH THIS SITE. THERE ARE INHERENT RISKS IN THE USE OF ANY SOFTWARE OR INFORMATION FOUND ON THE INTERNET, AND YOU ACKNOWLEDGE THAT YOU ACCEPT THESE RISKS BEFORE MAKING USE OF THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USE OF THIS SITE.
PORTIONS OF THIS SITE ARE PROVIDED BY THIRD PARTIES AND, THEREFORE, EVG SOLUTIONS CANNOT CONTROL THE ACCURACY OR COMPLETENESS OF THIS SITE. IF AND WHEN EVG SOLUTIONS, THROUGH THIS SITE, MAKES AVAILABLE TO YOU INFORMATION, CONTENT AND OTHER MATERIALS, INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, LINKS OR OTHER CONTENT, PROVIDED BY A THIRD PARTY (COLLECTIVELY, "THIRD-PARTY CONTENT"), THAT THIRD PARTY IS SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF SUCH THIRD-PARTY CONTENT AND FOR PROVIDING A PROPER LINK TO ITS WEBSITE OR APPLICATION.
LIMITATION OF LIABILITY
IN NO EVENT WILL EVG SOLUTIONS BE LIABLE FOR ANY DAMAGES (AS DEFINED BELOW) ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY THIRD-PARTY WEBSITE, ANY INABILITY TO USE THIS SITE BY ANY PARTY, ANY FAILURE OF PERFORMANCE, ERROR OR OMISSION, ANY LOST DATA OR BUSINESS INTERRUPTION, ANY INTERRUPTION, DEFECT, DOWNTIME OR DELAY IN OPERATION, ANY TRANSMISSION THROUGH THIS SITE OF A COMPUTER VIRUS (OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, SLOW OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THIS SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY), ANY LINE, TRANSMISSION, RECEPTION OR SYSTEM FAILURE, ANY ACT OF GOD, WAR OR TERRORISM, OR EVG SOLUTIONS'S POSTING OF PICTURES, VIDEOS, TESTIMONIALS, ETC., EVEN IF EVG SOLUTIONS OR ANY REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS USED IN THIS SECTION, DAMAGES MEANS ANY AND ALL LOSSES, LOST PROFITS, EXPENSES OR LIABILITIES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR EMOTIONAL DISTRESS DAMAGES ARISING IN CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, IN NO EVENT SHALL EVG SOLUTIONS'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF, OR RELATED TO, THESE TERMS OR THIS SITE EXCEED $10, IRRESPECTIVE OF WHETHER OR NOT EVG SOLUTIONS OR ANY REPRESENTATIVES HAVE BEEN ADVISED OR ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY WHETHER THE DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, EMOTIONAL DISTRESS OR OTHER DAMAGES, AND REGARDLESS OF WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Changes to these Terms
These Terms may be revised by EVG Solutions from time to time by posting an updated version to this page. All new versions of these Terms automatically take effect when they are posted on this page, and your continued use of this Site after a new version is posted is deemed acceptance of those changes. You are responsible for periodically visiting this page to check for any changes and review the then-current Terms. Checking the "Last Updated" date at the bottom of these Terms allows you to determine if these Terms have been revised since the last time you reviewed them.