Terms and Conditions of Use of Evergent Web Site

Evergent Technologies, Inc. (“Evergent”) makes information available on this web site, subject to the following terms and conditions. By accessing this site, you agree to be bound by these terms and conditions.  Evergent reserves the right to change these terms and conditions and the information contained on this web site at any time, at its sole discretion, without notice. Your continued use of the web site following the posting of revised terms and conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Evergent reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions.

 

Intellectual Property Rights

The web site and the information, contents, features and functionality of this web site are owned by Evergent and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without Evergent’s prior written permission.  For more information about obtaining permission, please contact info@evergent.com.

Copyright Notice

© 2017 Evergent Technologies, Inc. All rights reserved.

Digital Millennium Copyright Act

If you believe that any material posted on this web site violates a copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

Trademarks

Evergent and the names of the Evergent products and services referenced on this web site are trademarks of Evergent Technologies, Inc. You must not use the Evergent trademarks without the prior written permission of Evergent. Certain other names, logos, product and service names, designs, and slogans on this web site are the trademarks of third parties and may not be used without the permission of their respective owners. The appearance of a third party trademark on the web site does not imply an endorsement by the third party of Evergent or its product or services or an affiliation between the third party and Evergent except as expressly stated on the web site.

 

Use of Website

You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the web site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the web site or documents offered for download on the web site for your own use and not for further reproduction, publication, modification, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the web site or any content on the web site is transferred to you, and all rights not expressly granted are reserved by Evergent. Any use of the web site not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws.

You may use the web site only for lawful purposes and in accordance with these terms and conditions. You agree not to use the web site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

Privacy Policy

All information we collect on this web site is subject to our Privacy Policy. By using the web site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Warranties and Disclaimers; Liability Limitations

ALL INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EVERGENT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

IN NO EVENT SHALL EVERGENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT EVERGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, EVERGENT MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

 

Submissions

Evergent does not want to receive confidential or proprietary information through its web site. Any information sent to Evergent through its web site will be deemed non-confidential and non-proprietary. You grant Evergent an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send Evergent through its web site for any and all commercial and non-commercial purposes. You also agree that Evergent is free to use any ideas, concepts, or techniques that you send Evergent for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

Evergent may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, blogs, and user forums. Evergent is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, blogs, and user forums.

You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Evergent will have no liability related to the content of any such communications. You represent and warrant to Evergent that you own or control all rights in and to anything you post or transmit and have the right to grant the license granted above to Evergent and its affiliates and service providers.

You understand and acknowledge that you are responsible for any contributions you submit or contribute, and you, not Evergent, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

Linking to Evergent’s Web Site

Evergent permits links to Evergent’s homepage subject to the linker’s compliance with the following terms and conditions:

A site that links to Evergent’s web site:

  1. May link to, but not replicate, content contained in Evergent’s site;
  2. Must not create a frame or border environment or browser around content contained in Evergent’s site;
  3. Must not present misleading or false information about Evergent’s services or products;
  4. Must not misrepresent Evergent’s relationship with the linker;
  5. Must not imply that Evergent is endorsing or sponsoring the linker or the linker’s services or products;
  6. Must not use Evergent’s logos or trade dress without prior written permission from Evergent;
  7. Must not contain content that could be construed, in Evergent’s sole discretion, as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
  8. Must not contain materials that would violate any laws;
  9. Must agree that the link may be removed at any time upon Evergent’s request pursuant to Evergent’s reserved rights to rescind its consent to allow the link.

 

Third Party Web Sites

If Evergent’s site provides links to third party web sites which are not under the control of Evergent, Evergent makes no representations about third party web sites. When you access a non-Evergent web site, you do so at your own risk. Evergent is not responsible for the reliability of any data, opinions, advice, or statements made on third party sites. Evergent provides these links merely as a convenience. The inclusion of such links does not imply that Evergent endorses, recommends, or accepts any responsibility for the content of such sites.

 

Third Party Products and Services

Any mention of third party products or services on the Evergent web site are for informational purposes only. Evergent makes no recommendations or endorsements about third party products and services. References to third party services and products are provided by Evergent “as is”, without warranty of any kind, either express or implied.

 

Additional Provisions

Governing Law and Jurisdiction

You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the state of California. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County in California and the United States District Court for the Northern District of California, with respect to such matters.

Geographical Restrictions

Evergent makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

Indemnification  

You agree to defend, indemnify, and hold harmless Evergent, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms and conditions or your use of the web site, including, but not limited to, your contributions, any use of the web site’s content, services, and products other than as expressly authorized in these terms and conditions or your use of any information obtained from the web site.

Waiver and Severability  

No waiver of by Evergent of any term or condition set out in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Evergent to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these terms and conditions will continue in full force and effect.

Entire Agreement  

These terms and conditions and the provisions referenced in them constitute the sole and entire agreement between you and Evergent regarding the web site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the web site.