Evolution Web & Marketing Inc.
1. Acceptance of Terms
These Website Terms of Use ("Terms") are a binding agreement between you and Evolution Web & Marketing Inc. ("Evolution," "we," "us," or "our"). By accessing or using https://evolutionmarketing.com, any page that links to these Terms, or a related website feature (collectively, the "Site"), you agree to these Terms and our Privacy and Cookie Policy. If you do not agree, do not use the Site.
If you use the Site on behalf of a business or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.
2. Separate Client Agreements
These Terms do not create a client-agency, fiduciary, employment, partnership, joint-venture, or professional-advisor relationship. Proposals, onboarding forms, statements of work, invoices, and services provided by Evolution are governed by the Client Services Agreement and other written agreements that apply to the engagement. If these Terms conflict with a signed client agreement, the client agreement controls for the services covered by that agreement.
3. Changes to the Site or Terms
We may modify the Site or these Terms from time to time. The "Last updated" date identifies the current version. Changes are effective when posted unless a later date is stated. Your continued use after changes become effective constitutes acceptance to the extent permitted by law.
4. Eligibility and Permitted Use
You may use the Site only for lawful, personal, informational, or legitimate business purposes. You must be at least 18 years old or the age of legal majority in your jurisdiction to submit a business inquiry or enter into a contract through the Site.
5. Prohibited Conduct
You may not, and may not assist another person to:
- Use the Site in violation of law, regulation, court order, or another person's rights;
- Attempt to gain unauthorized access to the Site, servers, accounts, credentials, source code, or connected systems;
- Interfere with the Site, introduce malware, overload infrastructure, evade security controls, or test vulnerabilities without written authorization;
- Scrape, crawl, harvest, copy, download, index, or use automated means to collect Site content or personal information except as permitted by a standard search engine or with our written permission;
- Impersonate another person, misrepresent affiliation, submit false information, or use another person's contact information without authority;
- Upload or transmit content that is unlawful, infringing, defamatory, deceptive, threatening, abusive, obscene, discriminatory, or harmful;
- Use Site content to train, develop, or improve a machine-learning or artificial-intelligence system without our written permission; or
- Remove copyright, trademark, attribution, or proprietary notices.
6. Informational Content; No Professional Advice
Site content is provided for general information and marketing purposes. It is not legal, regulatory, privacy, accessibility, tax, accounting, financial, medical, or other professional advice. Laws, platform rules, algorithms, technology, and industry practices change, and content may not reflect the most recent development. You should obtain advice from qualified professionals for your specific circumstances.
Examples, articles, case studies, estimates, testimonials, rankings, and descriptions of past results do not guarantee that you or any client will achieve the same or similar result.
7. Intellectual Property
The Site and its text, graphics, designs, photographs, videos, audio, logos, trademarks, service marks, trade dress, software, code, page layouts, and other content are owned by Evolution, licensed to Evolution, or used with permission and are protected by intellectual-property and other laws. Client names, logos, and work samples remain subject to the rights of their respective owners.
Subject to these Terms, Evolution grants you a limited, revocable, nonexclusive, nontransferable license to view and use the Site for lawful informational purposes. No other right or license is granted by implication, estoppel, or otherwise. You may not reproduce, distribute, modify, publicly display, sell, license, or create derivative works from Site content without prior written permission, except for ordinary browser caching and a single copy for your internal evaluation of Evolution's services.
8. User Submissions and Feedback
Information submitted through the Site must be accurate, lawful, and provided with appropriate authority. You retain ownership of materials you submit. You grant Evolution a nonexclusive right to host, copy, transmit, review, and use those materials as reasonably necessary to respond to your inquiry, evaluate or perform requested services, protect the Site, and comply with law.
Do not submit confidential, proprietary, or sensitive information through a general website form unless we have agreed to receive it through an appropriate method. Submission of an inquiry does not create a confidential client relationship. If you provide ideas, suggestions, or general feedback that are not confidential client materials, Evolution may use them without restriction or compensation.
9. Third-Party Links, Platforms, and Embedded Content
The Site may link to, rely on, or display content from third parties, including CMS Max, Google, social-media platforms, maps, videos, payment providers, and other vendors. Evolution does not control and is not responsible for third-party content, availability, security, privacy, terms, policies, products, or services. A link or integration does not imply endorsement. Your use of third-party services is at your own risk and subject to their terms.
10. Website Availability and Security
We may change, suspend, restrict, or discontinue any part of the Site without notice. We do not guarantee that the Site will be uninterrupted, error-free, secure, compatible with every browser or device, or free of harmful components. Maintenance, outages, cyberattacks, telecommunications failures, third-party actions, and events outside our control may affect availability.
11. Privacy and Cookies
Our collection and use of personal information through the Site are described in our Privacy and Cookie Policy. By using Site forms or privacy controls, you agree to provide accurate information and to use those controls only for legitimate purposes. Third-party platforms may collect information under their own policies.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EVOLUTION DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow certain warranty exclusions, so part of this section may not apply to you.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EVOLUTION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, EVOLUTION'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). These limitations do not apply to liability that cannot lawfully be limited.
14. Indemnification
You agree to defend, indemnify, and hold harmless Evolution and its officers, directors, employees, contractors, and agents from third-party claims, damages, liabilities, judgments, penalties, costs, and reasonable attorneys' fees arising from your unlawful use of the Site, your submissions, your violation of these Terms, or your infringement or violation of another person's rights. Evolution may control the defense of a claim at your expense, and you may not settle a claim imposing liability or obligations on Evolution without our written consent.
15. Copyright and Trademark Concerns
If you believe content on the Site infringes your copyright or trademark, send a detailed notice to info@evolutionmarketing.com and include your contact information, identification of the protected work or mark, identification and location of the challenged material, a statement of your good-faith belief, and a statement that the information provided is accurate and that you are authorized to act. We may remove or restrict material while reviewing a notice.
16. Governing Law and Venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Subject to any nonwaivable law, the state and federal courts located in Monroe County, New York will have exclusive jurisdiction over disputes arising from these Terms or the Site, and you consent to personal jurisdiction and venue in those courts.
17. General Terms
If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A waiver must be in writing and applies only to the specific instance. You may not assign your rights under these Terms without our consent. Evolution may assign these Terms in connection with a merger, sale, reorganization, or transfer of the Site or business. These Terms and the Privacy and Cookie Policy are the entire agreement concerning public use of the Site, except that a separate client agreement controls client services.
Contact Us
Questions about this document may be directed to info@evolutionmarketing.com, 585-981-8463, or by mail to Evolution Web & Marketing Inc., 1661 Empire Blvd, Webster, NY 14580.
