Evolve Global, Inc. Privacy Policy 

Effective date: 08/23/2019

 

  1. Introduction

 

Welcome to Evolve Global, Inc.

 

Evolve Global, Inc. (“us”, “we”, or “our”) operates http://podcast.app and The Podcast App mobile application (hereinafter referred to as “Service”).

 

Our Privacy Policy governs your visit to http://podcast.app and The Podcast App mobile application, and explains how we collect, safeguard and disclose information that results from your use of our Service.

 

We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

 

Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).

 

  1. Definitions

 

SERVICE means the http://podcast.app website and The Podcast App mobile application operated by Evolve Global, Inc.

 

PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

 

USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).

 

COOKIES are small files stored on your device (computer or mobile device).

 

DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

 

DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

 

DATA SUBJECT is any living individual who is the subject of Personal Data.

 

THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

 

  1. Information Collection and Use

 

We collect several different types of information for various purposes to provide and improve our Service to you.

 

  1. Types of Data Collected

 

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

 

  1. Email address

 

  1. First name and last name

 

  1. Cookies and Usage Data

 

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

 

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).

 

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

 

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

 

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

 

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

 

Examples of Cookies we use:

 

  1. Session Cookies: We use Session Cookies to operate our Service.

 

  1. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

 

  1. Security Cookies: We use Security Cookies for security purposes.

 

  1. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

 

Other Data

While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

 

  1. Use of Data

 

Evolve Global, Inc. uses the collected data for various purposes:

 

  1. to provide and maintain our Service;

 

  1. to notify you about changes to our Service;

 

  1. to allow you to participate in interactive features of our Service when you choose to do so;

 

  1. to provide customer support;

 

  1. to gather analysis or valuable information so that we can improve our Service;

 

  1. to monitor the usage of our Service;

 

  1. to detect, prevent and address technical issues;

 

  1. to fulfill any other purpose for which you provide it;

 

  1. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

 

  1. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;

 

  1. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;

 

  1. in any other way we may describe when you provide the information;

 

  1. for any other purpose with your consent.

 

  1. Retention of Data

 

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

 

  1. Transfer of Data

 

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

 

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

 

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

Evolve Global, Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

 

  1. Disclosure of Data

 

We may disclose personal information that we collect, or you provide:

 

  1. Disclosure for Law Enforcement.

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

 

  1. Business Transaction.

If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

 

  1. Other cases. We may disclose your information also:

 

  1. to our subsidiaries and affiliates;

 

  1. to contractors, service providers, and other third parties we use to support our business;

 

  1. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

 

  1. Security of Data

 

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

  1. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

 

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj

 

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

 

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at [email protected].

 

In certain circumstances, you have the following data protection rights:

 

  1. the right to access, update or to delete the information we have on you;

 

  1. the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;

 

  1. the right to object. You have the right to object to our processing of your Personal Data;

 

  1. the right of restriction. You have the right to request that we restrict the processing of your personal information;

 

  1. the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;

 

  1. the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;

 

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.

 

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

 

  1. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)

 

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/

 

According to CalOPPA we agree to the following:

 

  1. users can visit our site anonymously;

 

  1. our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;

 

  1. users will be notified of any privacy policy changes on our Privacy Policy Page;

 

  1. users are able to change their personal information by emailing us at [email protected].

 

Our Policy on “Do Not Track” Signals:

 

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

 

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

  1. Service Providers

 

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

 

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

  1. Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

 

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

 

Firebase

Firebase is analytics service provided by Google Inc.

 

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

 

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

  1. CI/CD tools

 

We may use third-party Service Providers to automate the development process of our Service.

 

GitHub

 

GitHub is provided by GitHub, Inc.

 

GitHub is a development platform to host and review code, manage projects, and build software.

 

For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy page: https://help.github.com/en/articles/github-privacy-statement.

 

Travis CI

 

Travis CI is a distributed continuous integration service to build and test projects hosted at GitHub.

 

For more information on what data Travis CI collects for what purpose and how the protection of the data is ensured, please visit Travis CI Privacy Policy page: https://docs.travis-ci.com/legal/privacy-policy.

 

Bitrise

 

Bitrise is provided by Bitrise Limited.

 

Bitrise is a Continuous Integration and Delivery (CI/CD) Platform as a Service with a main focus on mobile app development (iOS, Android, React Native, Flutter, and so on).

 

For more information on what data Bitrise collects for what purpose and how the protection of the data is ensured, please visit Bitrise Privacy Notice page: https://www.bitrise.io/privacy.

 

Fastlane

 

Fastlane is provided by Google, Inc.

 

Fastlane is a continuous delivery tool for iOS and Android apps.

 

For more information on what data Fastlane collects for what purpose and how the protection of the data is ensured, please visit the Google Privacy Policy page: https://policies.google.com/privacy.

 

  1. Advertising

 

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

 

Google AdSense DoubleClick Cookie

Google, as a third party vendor, uses cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.

 

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

 

AdMob by Google

AdMob by Google is provided by Google Inc.

 

You can opt-out from the AdMob by Google service by following the instructions described by Google: https://support.google.com/ads/answer/2662922?hl=en

 

For more information on how Google uses the collected information, please visit the “How Google uses data when you use our partners' sites or app” page: http://www.google.com/policies/privacy/partners/ or visit the Privacy Policy of Google: http://www.google.com/policies/privacy/

 

  1. Behavioral Remarketing

 

Evolve Global, Inc. uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

 

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

 

You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

 

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

 

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

Facebook

Facebook remarketing service is provided by Facebook Inc.

 

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

 

To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

 

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

 

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

 

  1. Payments

 

We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).

 

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 

The payment processors we work with are:

 

Apple Store In-App Payments:

Their Privacy Policy can be viewed at: https://www.apple.com/legal/privacy/en-ww/ / https://support.apple.com/en-us/HT203027

 

Google Play In-App Payments:

Their Privacy Policy can be viewed at: https://policies.google.com/privacy?hl=en&gl=us / https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=privacynotice&ldl=en

 

  1. Links to Other Sites

 

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

  1. Children's Privacy

 

Our Services are not intended for use by children under the age of 13 (“Children”).

 

We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that ce have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

 

  1. Changes to This Privacy Policy

 

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

 

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

  1. Contact Us

 

If you have any questions about this Privacy Policy, please contact us:

 

By email: [email protected].

 


Evolve Global, Inc. Terms of Service

Welcome to Evolve! Thank you for using The Podcast App and for taking the time to read this document.

Evolve Global, Inc. ("Evolve", "we", "us", and/or “our”) provides a podcast listening service (the "Evolve Service") through the website podcastapp.io as well as other websites owned or operated by Evolve (the "Sites") and through mobile applications such as The Podcast App for iOS and Android ("The Podcast App"). Your use of the Evolve Service provided through or in connection with the Sites and The Podcast App and viewing of the content available at the Sites and The Podcast App, is subject to this Terms of Service Agreement and the current Evolve Global, Inc. Privacy Policy published at http://evolve.xyz/privacy/, which is incorporated herein by reference. These Terms of Service govern your access to and use of the Evolve Service, including any content, information, products or services therein. This is a legal agreement between you and Evolve. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE EVOLVE SERVICE.

1 - General

Links On The Evolve Service

The websites displayed as search results or linked to by the Evolve Service are owned and operated by individuals and/or companies over whom Evolve exercises no control. Evolve assumes no responsibility for the content of any website included in any search results or otherwise linked to by the Evolve Service. As an example, logos as well as links to podcast streams are the copyright of each respective podcast owner. If, for any reason, the owner and operator of a linked website wishes the link from the Evolve Service to be deleted, they must contact Evolve (info at evolve dot xyz) and expressly request such deletion.

Personal Use Only

The Evolve Service is made available for your personal, non-commercial use only. Use of Evolve to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a Evolve search and reformat and display them, or mirror the Evolve home page or results pages on your website, or send automated queries to Evolve's system without express permission from Evolve.

If you wish to make commercial use of the Evolve Service you must enter into an agreement with Evolve to do so. Please contact info at evolve dot xyz for more information.

2 - Content

Certain types of content are made available through the Evolve Service. "Evolve Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Evolve Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Evolve Service, including without limitation in Member created profile pages. EVOLVE RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY EVOLVE CONTENT OR USER SUBMISSIONS FROM THE EVOLVE SERVICE WITHOUT NOTICE.

3 - Your Obligations in Using the Evolve Service

The Evolve Service may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Sites and The Podcast App. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or The Podcast App:

a. Circumvent, disable or otherwise interfere with security related features of the Evolve Service or features that prevent or restrict use or copying of any Evolve Content;

b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

c. Use any meta tags or other hidden text or metadata utilizing a Evolve name, trademark, URL or product name;

d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;

e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Evolve Service to send altered, deceptive or false source-identifying information;

f. Upload, post, email, or otherwise transmit, via the Evolve Service, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Evolve;

h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;

i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Evolve Service, servers or networks connected to the Evolve Service or the technical delivery systems of Evolve's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Evolve Service;

j. Attempt to probe, scan or test the vulnerability of any Evolve system or network or breach or impair or circumvent any security or authentication measures protecting the Evolve Service;

k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Evolve Services;

l. Attempt to access, search or meta-search the Evolve Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Evolve or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.

m. Collect or store personal data about other Evolve Users without their express permission;

n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

o. Use the Evolve Service in any manner not permitted by this Agreement; or

p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

4. Termination; Cancellation.

a. We may immediately terminate or suspend your access to the Evolve Service and remove any material (including User Submissions) from the Evolve Service or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Evolve Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Evolve Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Evolve is not liable to you or any third party for termination of the Evolve Service or termination of your use of the Evolve Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE EVOLVE SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Evolve will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

b. Any suspension, termination or cancellation will not affect your obligations to Evolve under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

5. Modification of the Evolve Service or Terms of Service.

Evolve reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Evolve Service, or modify these Terms of Service without notice. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Evolve Service. By continuing to access or use the Evolve Service after Evolve makes any such modification, you agree to be bound by the revised Terms of Service.

6. Disclaimer of Warranties.

Evolve disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Evolve Service. Evolve disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Evolve disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Evolve Service.

THE EVOLVE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EVOLVE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EVOLVE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EVOLVE SERVICE. EVOLVE DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EVOLVE SERVICE. EVOLVE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EVOLVE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY EVOLVE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVOLVE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EVOLVE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

7. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL EVOLVE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE EVOLVE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EVOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EVOLVE SERVICE, FROM INABILITY TO USE THE EVOLVE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EVOLVE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EVOLVE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVOLVE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EVOLVE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVOLVE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EVOLVE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, EVOLVE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Evolve be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8. Miscellaneous Provisions.

The English language version of these Terms of Service is the version that governs your use of the Evolve Service and in the event of any conflict between the English language version and a translated version, the English language version will control.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Evolve.