Terms of Service
Date Last Revised: February 13, 2012
WalletHub.com is a Web property that belongs to Evolution Finance, Inc. As a result, it is governed by the same policies and terms and conditions as Evolution Finance.
Evolution Finance Terms of Service
1.1 Your use of Evolution Finance, Inc.’s products, software, services, websites (for example, WalletHub.com and CardHub.com) and mobile applications (each referred to individually as a “Service” and collectively as “Services” in this document and excluding any services provided to you by Evolution Finance under a separate written agreement) is subject to the terms of a legal agreement between you and Evolution Finance. “Evolution Finance”, “we,” “us,” or “our” means Evolution Finance Inc., whose principal place of business is at 1530 Key Blvd #1315, Arlington, VA 22209, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed to in writing with Evolution Finance, your agreement with Evolution Finance will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Evolution Finance will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Evolution Finance in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to the particular Service to which they relate.
2. Acceptance of terms:
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 Any unauthorized use of the Services by you shall be subject to the Terms until such unauthorized use has been terminated.
2.3 You can accept the Terms by: (A) Clicking to accept or agree to the Terms, where this option is made available to you by Evolution Finance in the user interface for any Service; or (B) Simply using any of the Services. In this case, you understand and agree that Evolution Finance will treat your use of the Services as acceptance of the Terms from that point onwards.
2.4 If you are using the Services on behalf of a business – including, but not limited to, credit card companies, mortgage companies, mortgage brokers, insurance companies, insurance brokers, financial advisors, law firms, attorneys, banks and credit unions, among other companies and organizations (each referred to individually as a “Business” or “Business Entity” and collectively as “Businesses” or “Business Entities” in this document) – you acknowledge and agree that your use of the Services constitutes acceptance of the Terms by the Business that you represent.
2.5 By accepting the Terms and/or accessing or using the Services, you acknowledge and agree that you are at least 18 years of age.
2.6 You may not use the Services and may not accept the Terms if (a) you are not of legal age or do not have the requisite capacity to form a binding contract with Evolution Finance, (b) you are a person barred from receiving the Services under the laws of the United States or any local or national jurisdiction from which you are accessing or using the Services (c) you are a competitor of ours or we have previously banned you from using the Services or closed your account.
2.7 Before you continue, you should print or save a local copy of the Universal Terms for your records.
3. Changes to the Terms:
3.1 Evolution Finance may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Evolution Finance will make a new copy of the Universal Terms available at http://www.EvolutionFinance.com/terms/ and will indicate at the top of that page the date that revisions were last made. Any new Additional Terms will be made available to you from within, or through, the affected Services.
3.2 You should revisit these Terms on a regular basis as revised versions will be binding on you. Any and all changes to the Terms of Service are effective upon being posted, and you understand and agree that your continued access to or use of Services provided by Evolution Finance indicates your acceptance of any changes to the Terms.
4. Terms Language:
4.1 Where Evolution Finance has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Evolution Finance.
4.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
5. Provision of the Services by Evolution Finance:
5.1 Evolution Finance has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Evolution Finance. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
5.2 Evolution Finance retains the right to modify, update, interrupt, suspend, disable or discontinue providing the Services (or any features of the Services) to you or to users generally at Evolution Finance’s sole discretion at any time, without prior notice or liability. You may stop using the Services at any time.
5.3 You acknowledge and agree that while Evolution Finance may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Evolution Finance at any time, at Evolution Finance’s discretion.
5.4 Evolution Finance reserves the right to close or suspend any account that you have created in association with the Services at any time, for any or no reason, and without notice to you.
5.5 You acknowledge and agree that if Evolution Finance disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content (defined in Section 13) related to your account.
5.6 If Evolution Finance suspends, disables or closes your account, you may not create another one without our written permission.
6. Use of the Services by you:
6.1 We grant you permission to use the Services subject to restrictions in the Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
6.2 You must be 18 years of age or older in order to register for an account and/or access or contribute to the Services. Evolution Finance does not knowingly collect the information of anyone under the age of 18.
6.3 In order to access certain Services, you may be required to provide information about yourself as well as your Business, and its products and services, where applicable (for example, name, age, contact information, qualifications, and all fees, rates and other key terms related to any listed products or services) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any information you give to Evolution Finance will always be complete, accurate, and up to date.
6.4 You agree not to, and will not assist or enable others to, access or attempt to access any of the Services by any means other than through the interface that is provided by Evolution Finance, unless you have been specifically allowed to do so in a separate agreement with Evolution Finance. You specifically agree not to access, attempt to access (or assist or enable others to access) any of the Services through any automated means (including use of scripts, web crawlers, harvesting bots, robots, spiders, or scrapers).
6.5 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
6.6 A. You agree not to, and will not assist, encourage or enable others to, use or attempt to use the Services to:
i. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii. Post or share anyone’s personal information (including, but not limited to, identification documents and sensitive financial information, such as bank account or credit card numbers);
iii. Threaten, stalk, harm, bully, or harass others, promote bigotry or discrimination, or incite violence;
iv. Violate our Content Guidelines, for example, by writing a fake, defamatory, or inaccurate review, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;
v. Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except in connection with a Business Account and as expressly permitted by Evolution Finance;
vi. Solicit personal information from others, or submit or transmit pornography;
vii. Send bulk emails, surveys, or other mass messages, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Services’ search results or any third-party website;
viii. Engage in unlawful multi-level marketing, such as a pyramid scheme; or
ix. Do anything unlawful, misleading, malicious, or discriminatory.
B. You also agree not to, and will not assist or enable others to:
i. Violate the Terms;
ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Evolution Finance in a separate written contract;
iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
iv. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any related content;
v. Reverse engineer any portion of the Services;
vi. Reformat or frame any portion of the Services;
vii. Access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of business, company or professional reviews;
viii. Record, process, or mine information about other users;
ix. Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
x. Attempt to access portions of the Services which are not intended for public usage (the use of any information obtained from non-public portions of the Services is expressly prohibited).
xi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Evolution Finance’s technology infrastructure or otherwise make excessive traffic demands of the Services;
xii. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Services.
xiii. Use any device, software or routine that interferes with the proper working of the Services (or the servers and networks which are connected to the Services), or otherwise attempt to interfere with the proper working of the Services;
xiv. Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or any related content; or
xv. Use the Services or any related Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
The restrictions above only apply to the extent permissible under applicable law. When something is permissible under applicable law but contrary to the above restrictions, you agree not to act contrary to those restrictions without providing 30 days’ prior written notice to Evolution Finance, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6.7 By using any of the Services, you agree to receive certain communications in connection with the Services. For example, you might receive friend requests, questions or messages from other users or notifications about reviews, questions and comments related to you or your Business. You may also receive regular e-mails from Evolution Finance about deals, offers, community news and changes to policies or the Terms. You can opt-out of non-essential communications from your Account’s Settings Page.
6.8 You agree that you are solely responsible for (and that Evolution Finance has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including, but not limited to, any loss or damage which Evolution Finance may suffer and any attorney’s fees owed by you, Evolution Finance, or any third party)
7. Special Provisions for Users Outside the United States:
7.1 You consent to having your personal data transferred to and processed in the United States.
7.2 If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on or through the Services.
8. Personal and Business Accounts:
8.1 You must create an account and provide certain information (“Account Information”) about yourself or the Business you represent in order to use some of the Services or features that are offered on or through the Services.
8.2 If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate.
8.3 Unless Evolution Finance expressly designates you as a “Business” your account will be a “Personal Account.”
8.4 A Personal Account is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself (including, but not limited to, your name, age, address, and payment information, where applicable). You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
8.5 A “Business Account” is an account to be used solely for the purpose of representing your Business in connection with the Services. In creating or updating a Business Account, you must be an authorized representative of the Business in question, and you must provide complete, accurate and up-to-date information about yourself, the Business you represent, and its products and services (for example, a Business Account affiliated with a credit card company must provide, at a minimum, customer service contact information and detailed information about the credit cards it offers, including all rates, fees, rewards and other major terms associated with those credit card offers; simply saying “N/A,” “See Website for More Details” or “Competitive Rates” is not acceptable).
A. If you are no longer an authorized representative of the Business in question, you must transition the Business Account to another authorized representative of the Business and advise said representative to change the Account’s password.
C. While Business Accounts are made available to Businesses for customization and upkeep so as to contribute to a vibrant, diverse, and holistic online community, they are also used to provide a transformative service to consumers and other companies by enabling them to, among many other things, learn about, compare, review, express opinions about, and rate Businesses and their respective products and services. Given this dual purpose, Business Accounts cannot be closed. Furthermore, if you use or maintain a Business Account in a manner that contradicts the Terms, Evolution Finance reserves the right to edit or delete information as it sees fit, populate the Business Account and respective Business Content displayed on or through the Services with whatever information that Evolution Finance deems necessary, important and/or fitting to display, and revoke the Business’s permission and ability to edit information directly. Furthermore, even if you forgo control of your Business Account, you should NOT expect your Business Content, listings, information and respective products to be removed from the Services. It is important to understand that Evolution Finance reserves the right to edit, update and add publically available Content to any Business listing at any time. If there are any inaccuracies, we will be happy to correct them within 10 business days of receiving your request, which should be submitted here.
9. Promotional Services for Business Accounts
By signing up for Evolution Finance promotional services (“Promotional Services”), you agree to be bound by and comply with these Terms as well as Evolution Finance’s Payment Terms. The Promotional Services are indicated on the Checkout Page and include, but are not limited to, “Ads” and “Business Upgrades.” Furthermore, you represent that you (a) are at least 18 years of age, (b) have the power and authority to enter into the Terms on behalf of the business or entity for which the Promotional Services are to be provided, (c) your business is not subject to advertising restrictions by a regulatory agency, and (d) you are registered for sales and use tax collection purposes in all states in which your goods and services will be provided.
9.1 Subject to your compliance with the Terms, Evolution Finance will provide the Promotional Services that you selected in the web-based business upgrades purchase flow (the “Checkout Page”) pursuant to the Terms.
9.2 The Ads program causes qualifying advertisements for your Business (each, an “Ad”) to be displayed on or through one or more of Evolution Finance’s Services, as further described in the Checkout Page.
9.3 Business Upgrades, which are further described on the Checkout Page, may include, without limitation, features like higher visibility in search results, an ad-free profile page, and more prevalent contact information. Business Upgrades are paid in advance in recurring installments (weekly, monthly, quarterly or annually).
9.4 Some Ads may incorporate Content from users of the Services, such as excerpts from user reviews. To the extent you provide Content for your Ad, or instruct one of Evolution Finance’s representatives to provide Content on your behalf, you warrant that it will (a) be true and correct, (b) not violate the rights of Evolution Finance or any third party, (c) comply with Evolution Finance’s Content Guidelines, and (d) otherwise comply with the law, including, for example, laws relating to sweepstakes and promotions. Evolution Finance reserves the right to reject, approve or remove any Ad for any reason, in our sole discretion, including Ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy. These guidelines are subject to change at any time. Evolution Finance also reserves the right to alter Ad content at its sole discretion to conform to its Terms, technical specifications or Content specifications.
9.5 Evolution Finance enables users of its Services to read and write reviews about Businesses. Those Businesses are unable to edit, remove, or reorder their reviews, regardless of whether they advertise with Evolution Finance. Nor does Evolution Finance itself edit, remove, or reorder reviews based on advertising status. You understand that while Evolution Finance uses human moderators and software to identify potentially less reliable reviews, these methods may sometimes result in suppression of perfectly legitimate reviews on the one hand, and failure to detect illegitimate reviews on the other.
9.6 Our license to run your Ad will end when we have completed your Order. You understand, however, that if users have interacted with your Ad, your ad may remain until the users delete it.
9.7 We can use your Ads and related Content and information for marketing or promotional purposes.
9.8 You will not issue any press release or make public statements about your relationship with Evolution Finance without written permission.
10. Billing and Payment:
While most of the Services provided by Evolution Finance will be free, some (including, but not limited to advertising subscriptions and Premium Business Accounts) will only be made available after receipt of payment. The Additional Terms which govern billing by and payment to Evolution Finance can be found here.
Please review these “Payment Terms” before you make any purchase since they may change from time to time. In the event of any conflict between the Payment Terms and the Universal Terms, the Payment Terms will prevail.
11. Account Security:
11.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
11.2 Accordingly, you agree that you will be solely responsible to Evolution Finance for all activities that occur under your account.
11.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Evolution Finance immediately at fraud@EvolutionFinance.com
13.1 You understand that all information – including, but not limited to, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, location services, ratings, reviews, questions, answers, invitations, messages, and all other forms of data, communications, and publicly displayed information – (referred to in this document as “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated. Content that you create, publish, display, share or otherwise make available on or through the Services is referred to in this document as “Your Content.” “Third-Party Content” means Content that originates from parties other than Evolution Finance or its users, which is made available in connection with the Services.
13.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights, which are owned by the sponsors or advertisers who provide that Content to Evolution Finance (or by other persons or companies who provide the Content on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Evolution Finance or by the owners of that Content, in a separate agreement.
13.3 You agree that you alone are responsible for (and that Evolution Finance has no responsibility to you or to any third party for) Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including any loss or damage which Evolution Finance may suffer or anyone’s reliance on the quality, accuracy, or reliability of Your Content or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own (or have the necessary permissions to use and authorize the use of) Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Evolution Finance.
13.4 We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
13.5 You understand that you may be held liable if Your Content contains material that is false, defamatory, or intentionally misleading; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms others; or violates or advocates the violation of any law or regulation.
13.6 We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to “use” (i.e. use, copy, publicly perform or display, distribute, modify, translate, or create derivative works of) Your Content for any purpose. You also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Evolution Finance and its users any claims and assertions of moral rights or attribution with respect to Your Content.
13.7 Evolution Finance does not endorse, condone or hold the rights to any Content made available on or through the Services by users of the Services except as otherwise noted in the Terms.
13.8 Evolution Finance reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, remove or reinstate any or all Content from any Service. Please do not assume that we review any Content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
13.9 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
13.10 You agree that you are solely responsible for (and that Evolution Finance has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Evolution Finance may suffer) by doing so.
13.11 We make some of the Site Content (the “Feed Content”) available via Real Simple Syndication and Atom feeds (the “Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Evolution Finance’s websites, and attributes the respective Evolution Finance Service (for example, WalletHub.com) as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Evolution Finance promotes or endorses any third-party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Evolution Finance systems. Evolution Finance reserves all rights in the Feed Content and may terminate the Feeds at any time.
13.12 By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; (iv) we are under no obligation to use your Feedback; (v) we are under no obligation to compensate your for your feedback, whether we use it or not.
13.13 You represent that you have read and will abide by Evolution Finance’s Content Guidelines.
13.14 While Evolution Finance endeavors to provide and to allow others to provide useful information regarding Business Entities and their respective products and services, you acknowledge that such information may be incomplete, misleading, inaccurate or outdated. In addition, you further acknowledge that such information may be obtained by or submitted to Evolution Finance from third parties.
13.15 Ratings and Reviews (including, but not limited to, those related to products, companies, services and professionals) reflect the opinions and assessments of the individuals or entities from whom they originate; someone else’s assessment may be different or based upon different information. Unless expressly stated otherwise, no Content is an endorsement of a Business Entity or is a guarantee of a Business Entity’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such Business Entity is involved. The information provided on or through the Services is intended to be a starting point to gather information, but you should not rely solely on such information in deciding whether to hire or do business with any Business Entity. Furthermore, you should independently verify the accuracy of any Content you obtain on or through the Services before using it, and you should obtain independent references for any Business Entity you are considering hiring or doing business with.
13.16 The Services may include links to other websites, content, resources or applications (each, a “Third-Party Source” and collectively “Third-Party Sources”). We do not control or endorse any Third-Party Source. You agree that we are not responsible for the availability, reliability or contents of such Third-Party Sources. Your use of Third-Party Sources is at your own risk. Evolution Finance provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Evolution Finance of any site or any information contained therein.
14. No Professional-Client Privileges:
Information posted or made available on or through the Services, including, but not limited to, any responses to questions posted, information provided in Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or related content or information (collectively “Expert Information”) is not intended to create an attorney-client relationship between you and any Business Entity. Such Expert Information is intended for general informational purposes only and should be used only as a starting point for addressing your relevant issues. It is not a substitute for an in-person or telephone consultation with a licensed financial professional about your specific issue, and you should not rely upon such Expert Information. You understand that questions and answers or other postings sent to Evolution Finance or displayed on or through the Services are not confidential and are not subject to any professional-client privileges (for example, attorney-client privilege).
15. Proprietary rights:
15.1 You acknowledge and agree that, unless otherwise noted, Evolution Finance (or Evolution Finance’s licensors) owns all legal right, title and interest in and to the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews, ratings, and all other elements and components of the Services, excluding Your Content, the Content of other users of the Services, and Third-Party Content.
15.2 Evolution Finance also owns all copyrights, trademarks, service marks, trade names, logos, domain names, other distinctive brand features and other intellectual and proprietary rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) associated with the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by Evolution Finance in a separate written document.
15.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. 15.4 Unless you have been expressly authorized to do so in writing by Evolution Finance, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15.5 You further acknowledge that the Services may contain information which is designated confidential by Evolution Finance and that you shall not disclose such information without Evolution Finance’s prior written consent.
15.6 Except as expressly and unambiguously provided herein, Evolution Finance does not grant you any express or implied rights, and all rights in and to the Services are retained by us.
15.7 Other than the limited license set forth in Section 17, Evolution Finance acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to Your Content, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Evolution Finance, you agree that you are responsible for protecting and enforcing those rights and that Evolution Finance has no obligation to do so on your behalf.
16. License from Evolution Finance:
16.1 Evolution Finance gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Evolution Finance as part of the Services provided to you by Evolution Finance (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Evolution Finance, in the manner permitted by the Terms. Any use of the Services other than as specifically authorized herein, without the prior written permission of Evolution Finance, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
16.2 Content provided on or through the Services is provided to you “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” for your informational and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services.
16.3 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Evolution Finance, in writing.
16.4 Unless Evolution Finance has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Services and Software.
17. Content license from you:
17.1 You retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content you give Evolution Finance an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, adapt, make derivative works of, translate, store, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to Your Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights. You also irrevocably grant the users of the Services the right to access Your Content in connection with their use of the Services. This license is for the limited purpose of operating, promoting, and improving our Services, and to develop new ones and may be revoked for certain Services as defined in the Additional Terms of those Services. This license continues even if you stop using our Services (for example, for a business listing you have added).
17.2 You agree that this license includes a right for Evolution Finance to make Your Content available to other companies, organizations or individuals with whom Evolution Finance has relationships for the provision of syndicated services, and to use Your Content in connection with the provision of those services.
17.3 By submitting or sending Feedback to Evolution Finance or its licensors or partners, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense that Feedback.
17.4 You understand that Evolution Finance, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Evolution Finance to take these actions.
17.5 You confirm and warrant to Evolution Finance that you have all the rights, power and authority necessary to grant the above license.
18. Software updates:
18.1 The Software which you use may automatically download and install updates from time to time from Evolution Finance. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Evolution Finance to deliver these to you) as part of your use of the Services.
19. Ending your relationship with Evolution Finance:
19.1 You can stop using our Services at any time, although we’ll be sorry to see you go. If you want to terminate your legal agreement with Evolution Finance, you may do so by (a) notifying Evolution Finance at any time and (b) closing your account(s) for all of the Services which you use, where Evolution Finance has made this option available to you. Your notice should be sent, in writing, to Evolution Finance’s address which is set out at the beginning of these Terms.
19.2 If you close your account, Evolution Finance may continue to display Your Content at our sole discretion, including but not limited to where it implicates other users (for example, comments and reviews).
19.3 Evolution Finance may at any time terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms);
(B) Evolution Finance is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
(C) The partner with whom Evolution Finance offered the Services to you has terminated its relationship with Evolution Finance or ceased to offer the Services to you;
(D) Evolution Finance is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services;
(E) The provision of the Services to you by Evolution Finance is, in Evolution Finance’s opinion, no longer commercially viable.
19.4 In the event of any termination, whether by you or us, Sections 6, 12, 13, 15 – 17, 19 – 23, and 25 of these Terms will continue in full force and effect, including our right to use Your Content as detailed in Sections 13 and 17. Any definitions contained herein will also continue in full force and effect in the event of any termination.
19.5 Nothing in this Section shall affect Evolution Finance’s rights regarding provision of Services under Section 4 of the Terms.
19.6 When your relationship with Evolution Finance comes to an end, all of the legal rights, obligations and liabilities that you and Evolution Finance have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
20.1 You agree to defend, indemnify and hold harmless Evolution Finance, its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from any claim or demand, including any and all losses, liabilities, alleged and actual claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of: (i) your access to or use of the Services, including Your Content; (ii) your violation of the Terms; (iii) any products or services purchased or obtained by you in connection with the Services or based on information provided on or through the Services, or (iii) the infringement by you, or any third party using your Account, of any laws and intellectual property or other rights of any person or entity.
20.2 The foregoing indemnity obligations will survive any termination of the Terms.
20.3 Evolution Finance reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Evolution Finance. Evolution Finance will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
21. DISCLAIMER OF WARRANTIES:
21.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 21 AND 23, SHALL EXCLUDE OR LIMIT EVOLUTION FINANCE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
21.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”
21.3 IN PARTICULAR, EVOLUTION FINANCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
21.4 EVOLUTION FINANCE MAKES NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, EVOLUTION FINANCE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.
21.5 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
21.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVOLUTION FINANCE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
21.7 EVOLUTION FINANCE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON OR THROUGH THE SERVICES AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
21.8 YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
22. Copyright Notice:
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Evolution Finance’s designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
23. LIMITATION OF LIABILITY:
23.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 21.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVOLUTION FINANCE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DISTRIBUTORS, VENDORS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF EVOLUTION FINANCE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION OR ADVERTISING FOUND ON OR THROUGH THE SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY COMPANY, INDIVIDUAL, ADVERTISER OR SPONSOR WHOSE PRODUCTS, SERVICES OR ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH EVOLUTION FINANCE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE EVOLUTION FINANCE WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
23.2 TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EVOLUTION FINANCE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DISTRIBUTORS, VENDORS AND LICENSORS, TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
24.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other Content or information.
24.2 The manner, mode and extent of advertising by Evolution Finance on or through the Services are subject to change without specific notice to you.
24.3 In consideration for Evolution Finance granting you access to and use of the Services, you agree that Evolution Finance may place such advertising on the Services.
24.4 Evolution Finance and its licensees may publicly display advertisements and other information adjacent to or included within Your Content. You are not entitled to any compensation for such advertisements.
25.1 Except as expressly stated otherwise, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
25.2 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
25.3 Sometimes when you use the Services, you may (as a result of or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
25.4 The section titles in the Terms are for convenience only and have no legal or contractual effect.
25.5 The Terms constitute the whole legal agreement between you and Evolution Finance and govern your use of the Services (excluding any services which Evolution Finance may provide to you under a separate written agreement), and completely replace any prior agreements between you and Evolution Finance in relation to the Services.
25.6 The Terms are not assignable, transferable or sublicensable by you except with Evolution Finance’s prior written consent, but may be assigned or transferred by us without restriction.
25.7 You agree that Evolution Finance may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the website.
25.8 You agree that if Evolution Finance does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Evolution Finance has the benefit of under any applicable law), this will not be taken to be a formal waiver of Evolution Finance’s rights and that those rights or remedies will still be available to Evolution Finance.
25.9 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that specific provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain enforceable in full force and effect. Should the meaning or effect of any other provisions be altered in any way by the removal or adjustment of the aforementioned provision, Evolution Finance retains the right to adjust or change it accordingly.
25.10 You acknowledge and agree that each member of the group of companies of which Evolution Finance is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
25.11 The Terms, and your relationship with Evolution Finance under the Terms, shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law’s provisions. You and Evolution Finance agree to submit to the exclusive jurisdiction of the courts located within the county of Arlington, Virginia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Evolution Finance shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.