These Terms and Conditions of Use (the “Terms” or “Agreement”) constitute the binding agreement between Evolve PR Inc. and/or its affiliates (“Evolve,” “us,” “our,” and “we”) and you, the end user (“you” or “your”) with respect to your use of Terminals.io (the “Service”). Evolve may change, amend, or update these Terms from time to time in our sole discretion.
Your use of the Service constitutes your assent to each and every one of these Terms as they apply to you. Any access to or use of the Service by you which falls outside the scope of these Terms shall constitute a trespass on our systems, an infringement of our intellectual property, and an unlawful use of our assets unless such access or use is expressly agreed to by us in writing. In the event that we modify these Terms, we will post a conspicuous notification on our main website, www.terminals.io, for thirty (30) days thereafter informing you that our Terms have changed. Such modified Terms shall become immediately effective once posted and your continued use of the Service thereafter shall constitute your assent to the Terms as amended. If you do not agree to these Terms or to any future Terms, as may be amended from time to time, you must terminate your use of the Service. You may not amend these Terms.
The following permitted Service account types may be concordant, and they are therefore not mutually exclusive (each may be referred to as a “Client”):
You agree to never use nor encourage anyone else to use any spider, robot, software or other automatic means (a “bot”) to search, monitor, copy, manipulate or otherwise interfere with the Service, any Service content, or any user account. You agree to refrain from knowingly causing any unreasonable burden or load on our software, Service or our computer systems.
Included with the Service, you will be provided with an Application Programming Interface (“API”). You agree that, unless done in compliance with the API, you will not harvest, collect or store information about other users of the Service or the content posted by others or use such information or content for any purpose inconsistent with the API, these Terms or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that we may not pre-screen, monitor, review or edit the content posted by users of the Service. However, Evolve and its designees have the right (but not the obligation) at in our sole discretion to remove or to request the removal of any content or advertising, in whole or part, that we believe, in our sole discretion, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any user posted content nor for the removal of such content or advertising.
You acknowledge and agree that we may disclose any Service content or data about users of the Service if we are required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Evolve, our users or the public.
You understand that the Service requires technical processing and transmission of content and may involve: (a) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion, corruption, loss, or modification of content, postings or other information submitted by you or by other users.
Service Content may be purged periodically in our sole discretion and as permitted by applicable laws. You acknowledge and agree that your use of the Service and your reliance upon the accuracy, completeness, or usefulness of any Service content is at your own risk. Content and/or data created by Evolve or submitted to or by Evolve is provided on an “as is” basis and your reliance upon any such content or data is solely at your own risk. You further acknowledge and agree that the views expressed on the Service do not necessarily reflect the views of Evolve, and Evolve does not necessarily support or endorse any content posted by you or any user.
As a condition precedent to your access to and use of the Service, you must choose a valid username and password. You shall notify us of any known or suspected unauthorized use of your username or password, or any known or suspected breach of Service security. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all activity on the Service made possible by your password, including use of your password by any third party. Your account is unique to you and may not be transferred to any other party without the prior written consent from us. We may, in our sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of these Terms.
The Service, including but not limited to any communications service, chat room, message board, newsgroup, advertising, game content or other interactive service that may be available to you are provided to you subject to these Terms and subject to applicable laws and regulations. By using the Service you acknowledge that you are at least 13 years old and you agree:
Some users may run product promotions or exclusive-access campaigns through the Service to which you will have access. Your access to and use of such material may be further governed by the terms and conditions of the respective users running such promotions. It is your sole responsibility to ensure that you fully understand and comply with all terms and conditions of such promotions or campaigns and Evolve shall not be responsible for their enforcement.
Evolve has certain protectable proprietary rights in its software, websites and the Service, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any proprietary property rights contained on the Service other than for your personal use without written preapproval from Evolve.
Software, Service, API and/or any digital products that are made available for download from any of the Evolve websites (www.evolve-pr.com, www.terminals.io, www.terminalsmail.com, and www.terminalsapp.com) is the copyrighted work of Evolve and/or its suppliers or partners. Use of any such software downloaded may be subject to your agreement to the terms and conditions of an end user license agreement as may be required by the respective suppliers or partners. We urge you to read such terms and conditions carefully before agreeing.
We give you all rights necessary to use the application source code (along with all data received), or tools we provide to you, but only in connection with your application programming interface. You shall not sell, transfer, nor sublicense our code, APIs, or tools. If you are a developer or operator of an application or website, you are solely responsible for your application, its content and services, and all uses you make of the data accessible through the Service.
You may be able to link to third party websites ("Linked Sites") from the Service. Linked Sites are not, however, reviewed, controlled, examined, endorsed, nor approved by Evolve and we are not responsible for the third party services, content, links, availability, terms, advertising, products or other materials of any such Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the respective Linked Sites as well as with all other obligations under applicable copyright, secrecy, defamation, decency, privacy, security, and export laws and regulations related to your use of such Linked Sites. In no event shall Evolve be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or any information or material accessed through Linked Sites. You should direct any concerns to that respective Linked Sites’ administrator or Webmaster. We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any Linked Sites and/or to introduce different features.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT INCLUDING BUT NOT LIMITED TO GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. USE LINKED SITES AT YOUR OWN RISK. IF YOU ENTER ANY LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT YOUR VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
We give express permission for the fair use of our logos, promotional materials and other materials but only for the purpose of creating links to the Service. However, we reserve the right to demand that any links to the Service to be removed in our sole discretion, at any time. We reserve the right, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require immediate termination of any such link to the Service, at our discretion at any time.
The Service is not intended for use by children. Some of the available information may include certain topics that may not be appropriate for children. Only persons age thirteen (13) or older and who comply with these Terms are eligible to use the Service. Evolve may, in its sole discretion, limit content and require users under the age of eighteen (18) years old to obtain the written consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone avoid or circumvent these restrictions.
We will make commercially reasonable efforts to ensure that all content or data provided by our users, or any derivatives compiled therefrom (e.g. metrics), is valid. Notwithstanding the above, we make no assurance that content or data provided by our users or any derivatives compiled therefrom is valid. Evolve shall not be liable for any special, indirect or consequential damages whatsoever resulting from us providing this data or any derivatives compiled to any user of the Service.
From time to time, we may conduct beta tests of new features or versions of the Service (each a "Beta Test"). If you choose to register for a Beta Test: (a) you understand that we may change, withdraw, or discontinue the Beta Test in our sole discretion; (b) you agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the product or service the subject of the Beta Test ("Beta Test Results") to us on a timely basis; (c) during the testing period, you will not disclose to any third party the product, services, or the subject of the Beta Test, without our prior written consent; and (d) you hereby assign all right, title and interest in and to any Beta Test Results to us, without compensation or any duty to account to you for such use.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND TO BE USED BY YOU AT YOUR SOLE RISK. EVOLVE MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS. EVOLVE IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. WE ARE UNDER NO OBLIGATION TO MAINTAIN OR SUSTAIN THE SERVICE OR OUR WEBSITE AND MAY TERMINATE THE SITE OR ANY AND ALL SERVICES THEREIN AT ANY TIME IN OUR SOLE DISCRETION.
IN NO EVENT SHALL EVOLVE OR ANY OF ITS DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF EVOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
EVOLVE'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CAD).
You agree at all times to indemnify and hold harmless Evolve, its employees, officers, directors, attorneys, agents, suppliers, affiliates and its other partners from any and all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever, including (legal and other fees and disbursements) sustained, incurred or paid by Evolve due to or arising directly or indirectly from any information submitted, posted, transmitted or otherwise made available through the Service, our websites, your use of the Service, your use of our websites, or your violation of these Terms.
All of our rights and obligations under this statement are freely assignable by us, including but not limited to in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You and Evolve are each independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created hereby and neither you nor Evolve shall state or imply anything to the contrary.
Evolve's failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right of the same or different type in the future.
This Agreement, the relationship between you and Evolve and your use of the Service, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Evolve which in any way concern this Agreement or the use of the Service shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Evolve is headquartered in Alberta.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for us, we can, in our sole discretion institute such disciplinary action as we may deem appropriate including ceasing to provide all or part of the Service to you. We will notify you by email or upon your next attempt to access your Service account. You may also delete your account or disable your application at any time. In all such cases, this Agreement shall terminate, but the following provisions Shall survive such termination: 1.2(b), 2(c), 2(d), 2(j), 3, 4, 6, 8, 11, 12, 13, 14, 16, 18, 19, and 20.
Headings are for reference purposes only and shall not be used in interpreting this Agreement.