Thanks for using our Website's products and services ("Services"). The Services are owned and operated by Evolve VPN. Evolve VPN™ reserves the right to revise these Terms of Service as and when needed. However, the company cannot be held liable for it. Using the Services after changes become effective means that you agree to the new Terms. If you don’t agree to the new Terms, you must stop using the Services and notify us within ten days.
- References to the "Terms" and/or "Agreement," refer to Terms of Service as set forth herein
- References to "us," "we," "our," and/or "the company," refer to as Evolve VPN™.
- References to "you," and/or "User," refer to the User of the Website and/or Services.
- References to the "Services" refer to any and all services offered by us including, but not limited to, VPN services, servers, IPs, application, software, mobile application and other services on offer under the brand name "Evolve VPN".
- References to the "Website" refer to the websites bearing the URL www.evolvevpn.com.
- References to "Business" mean a business that utilizes our Services. You and your business will be collectively referred to as "you" in these Terms.
- References to "Dispute" mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, but not limited to, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, but not limited to, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any conditions contemplated by the Terms.
- References to "Material Breach" refer to breach of these Terms in any way. If such an incident occurs, then Evolve VPN has the right to immediately terminate these Terms because of that breach.
- References to "Billing Cycle" mean the payment of your account. The cycle involves your payment reaching us via a payment processor, the validity of your account, and also the day when your account will expire.
You Agree to
By using our Services, you are agreeing to these Terms and Conditions. Please read them carefully as they constitute the Terms and Conditions of a legally binding agreement between you and the company.
When you agree to use our Services, Virtual Private Network ("VPN"), which includes, but is not limited to, the use of our servers, routers, IP addresses, protocols, add-ons, software, applications and other equipment, you authorize us to transmit information using our network, and you agree to accept the Terms with respect to your use of our VPN Services.
Using our Services, even after any change in Terms, will mean that you agree to these Terms. If you don't feel comfortable with agreeing to these Terms as they are, please stop using our Services, although we’ll be sorry to see you go.
Business Uses of our Web Site and Services
If you are using our Services for a business use, or on behalf of a business, or in association with a business, then, your agreement to these Terms will be construed as an agreement by that business. It will hold harmless and indemnify Evolve VPN and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Your Evolve VPN Account
You are responsible for:
- Providing current, and accurate information , at the time of registration of your Evolve VPN account, to the best of your knowledge;
- All use of your Account, regardless of whether you have authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service;
- Using this account for the exact use as permitted by Evolve VPN and in accordance with our Fair Usage policy. Evolve VPN does not put any cap on bandwidth or data usage per user; however, the use of Service is subjected to fair usage. Creating automated or manual VPN sessions in a manner that would impersonate a bot, or exerting excessive load on the network that may disturb other users on the network, or utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration, or the likes, are all considered as unfair usage of the network, unless explicitly allowed by the Company. Evolve VPN reserves the right to temporarily suspend or permanently terminate users found involved in unfair usage of its services;
- Keeping your login information confidential. It is strictly prohibited for users to distribute login information without our prior consent, and also for two people to share one Account;
- Not sharing your login information with your friends;
- Not to sell, trade or transfer that Account to any other person or entity without the Company’s specific permission to do so;
- Keeping your login ID and password secure for all activities that occur through your Account, including the activities of others and regardless of whether such activities are authorized. You agree to immediately notify Evolve VPN of any breach or unauthorized use of your Account.
Evolve VPN’s Services
Use of the Website is free; however, some aspects of the Services may be limited to Users paying with Service Fees, being available at all times on the Website as well as at the point of sale. Access to the Services shall be charged the applicable Service Fee, with said Fee to be charged automatically at the time of creation of account, and then according to the "Billing Cycle" from the payment account provided to us upon Account creation, as updated from time-to-time.
Evolve VPN regularly launches different promotions/discounts/special offers to further facilitate its users. However, a user currently benefiting from a promotion/discount/special offer is automatically disqualified from availing another promotion/discount/special offer during the lifetime of the promotion/discount/special offer being availed by him/her. Furthermore, a user cannot avail a promotion/discount/special offer twice on one Account.
Should you have any questions, comments or concerns regarding the Website and/or Services, customer service may be contacted at any time via [email protected] We strive to respond to all customer service inquires within forty-eight (48) business hours. Customer service may also be contacted at any time, 24/7 via the live chat option on the Website.
We also provide assistance to our customer remotely. We get access of our customer’s computer, with their prior permission, to resolve the issue.
Cancellation of Services
Users may cancel their use of the Services at any time via contacting to our Live Chat or via support e-mail at [email protected]
Refund of Services
The refund policy is subject to fair use of our Services and compliance to our Terms of Services. The policy serves the purpose of identifying our procedures, conditions and terms for refunds. To have a detailed look at our Refund Policy, please view: here.
Use of the Web Site and/or Service(s) by Minors and/or Children
You affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the Website and/or Services where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the Website and/or Service, then you are expressly prohibited from accessing the same. You understand and acknowledge that the internet may contain information that may be inaccurate, offensive, indecent, illegal in various jurisdictions, or may be inappropriate for certain. You agree that Evolve VPN is not liable for providing access to or any damages or losses resulting from such information.
Prohibited Uses of our Web Site and Services
To protect our Services from being misused, abused or being used to harm someone, we have made some rules which apply to every user equally, regardless of the package plan chosen by them. These rules have been erected solely to ensure that every Evolve VPN user gets to enjoy complete internet freedom, without harassing or harming any other user, and without abusing our Service. We reserve the right to terminate your use of the Website and/or the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
You specifically agree not to:
- Use our Website and/or Services for any illegal use, such as transmitting any illegal material that would constitute a criminal offense as per the local, state, national or international law or regulation;
- Use our Website and/or Services for the purpose of transmitting spam; to scan ports, open proxies, open relays; sending unsolicited emails in bulk quantities for opt-ins or for advertising/marketing purposes, even if the email is sent/received by another server;
- Use our Website and/or Services to serve pop-ups ads;
- Use our Website and/or Services for attacking in any way, shape or form any other computer or network;
- Use our Website and/or Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law;
- Use our Website and/or Services to harm, threaten, 'stalk' or otherwise harass another person/business;
- Use our Website and/or Services to manipulate headers or forge identifiers in order to disguise the origin of any content transmitted through our Website and/or Services;
- Use our Website and/or Services to engage in any form of unsolicited or unauthorized advertising/marketing/promotional activities;
- Use our Website and/or Services to get involved in the transmission of software viruses or malicious software aimed at harming other software/hardware/telecommunications equipment;
- Use our Website and/or Services to disobey any policies/procedures/regulations of networks associated with our Website and/or Services;
- Use our Website and/or Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;
- Use our Website and/or Services to knowingly or unknowingly violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances;
- Use our Website and/or Services to promote illegal activities, or provide means for/helping other people commit illegal activities by providing instructional information;
- Use our Website and/or Services for infringe upon or violating our intellectual property rights or the intellectual property rights of others;
- Use our Website and/or Services to promote or incite physical harm or injury against any group or individual, or promote any act of cruelty to animals;
- Use our Website and/or Services to conceal a true recipient email address in furtherance of the violation of the lawful terms of another service;
- Use our Website and/or Services to solicit others to perform or participate in any unlawful acts;
- Use our Website and/or Services to abuse our Website and/or Service by scripting and using software to consume more resources than other users over a short period of time;
- Use our Website and/or Services to report a message forwarded normally through the Website and/or Service as spam to an organization in a way that implicates the Service as the source of the spam;
- Use our Website and/or Services to create automated or manually excessive connections to get different IPs or for any reason. Excessive connections are a nuisance since they create a bottleneck and choke our network, the price of which is paid by other users, and that is completely unacceptable. Maximum allowed sessions are 300 per day, and exceeding this limit may result in permanent suspension or termination of your account, unless explicitly allowed by the company.
- Use our Website and/or Services for forwarding email address, which requires that the Service communicate with a mail server that has "grey-listed" the mail server of the Services;
- Use our Website and/or Services to access/share/upload/download illegal content including but not limited to, child pornography or content perceived to be child pornography. The Account of any User found involved in this or any such activity will be suspended immediately without notice;
- Use our Website and/or Services to mask IPs for generating searches on search engines, link building on forums, manual or automated crawling of websites and any other such activity that falls under the domain of search engine optimization, forum commenting, or data mining, unless specifically allowed by the company;
- Use our Website and/or Services to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and/or Service;
- Use our Website and/or Services to collect or track the personal information of others;
- Use our Website and/or Services to spam, phish, harm, pretext, spider, crawl, or scrape;
- Use our Website and/or Services for any obscene or immoral purpose; and/or;
- Use our Website and/or Services to interfere with or circumvent the security features of the Website and/or the Services.
Modifying and Terminating our Services
If you are found in violation of our Terms or Services in any way, shape or form, then we might have to take the extreme step of terminating your Account with us, although we’ll be sorry to see you go.
Company reserves the right:
- To modify, add to, suspend or delete these Terms of Service or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website. Your use of the Website and/or continued use of the Services after modification, addition or deletion of these Terms of Service shall be deemed to constitute acceptance by you of the modification, addition or deletion;
- To modify, add to, suspend, or delete any aspect of this Website or Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, live chat support, e-mail support, number of servers, availability of servers, availability of applications, number of protocols, add-ons, equipment needed for access or use, change of the layout of the Website, VPN packages, availability of any feature, promotional offers, and revision to pricing for VPN packages;
- To refuse to provide access to the Website and/or the Services or terminate your Services in violation of any of these Terms or for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted, loss of services, any damages, and loss in business, as a result of the Account termination;
- To introduce new charges, fees or other conditions for use of the Service or parts thereof at any time;
- To ask you to verify yourself for any reason at any time at our sole discretion. In case you fail to provide sufficient proof of your identity, as requested by us, your Account shall be terminated and no refund shall be applicable;
- To terminate your account in case if you fail to ensure the security of your Account and prevent unauthorized usage of your Account;
- To require you to change your password(s) if we believe your password(s) is (are) no longer secure. Neither the company nor its agents shall be liable for any loss or damages of any kind that may arise as a result of the unauthorized use of your Account, either with or without your knowledge; however, you may be held liable for any losses incurred by Evolve VPN or another party due to someone else using your Account.
Accuracy, Completeness and Timeliness of Information
- Though we try to make the Website and Services available twenty-four (24) hours a day, seven (7) days a week, except for any planned down-time for maintenance, we do not warrant that the Website and Services will be at all times available.
- We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Website and/or Services.
- We are not responsible if information made available on the Website and/or the Services is not accurate, complete or current. You acknowledge that the Website and the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.
- We do not warrant that any errors in the Website and/or Services will be corrected.
Intellectual Property Rights Not Waived
This is an Agreement for access to and use of the Web Site and/or the Services. The Web Site and Services are protected by intellectual property laws. The Web Site and Services belong to us and is the property of us or our licensor/s (if any). We retain all ownership rights of the Web Site and Services.
Furthermore, all material ("Materials") displayed or transmitted on this Web Site and/or Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by UK and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may neither copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Web Site and/or Services for personal, non-commercial use only, provide that you do neither remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web Site and/or Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to [email protected]
You acquire no rights or license whatsoever in the materials other than the limited rights to use the Web Site in accordance with these Terms of Service. Any of the materials accessed or downloaded from this Web Site must be accessed or downloaded in accordance with the Terms of Service of use specified in this Agreement. We reserve any rights, not expressly granted under these Terms of Service of use.
Use of Our Proprietary Software
Our VPN Services may require you to download/configure our proprietary VPN Software on your computer/smart device/entertainment system. Furthermore, we might send periodic updates/patches to our Software onto your computer/smart device/entertainment system. You hereby allow our Software and its updates to be installed on your computer/smart device/entertainment system. Our Software will be made available to you in accordance with these Terms and an end-user license agreement for the Software. You may neither reverse-engineer, modify, reverse-compile or decompile, disassemble or copy the features and functions of our Software, nor may you charge anyone to use our Software.
You also understand that we will introduce various new technologies from time-to-time, which may or may not perform consistently across every platform since its performance is codependent on the configuration of your computer, the internet speed, your ISP and other associated devices and software. Some of the updates/patches provided by us might be critical to the functioning of our Software and Services, and hence it might be mandatory for you to allow them to install on your system/device.
Grant of Limited License
When you register for an individual Account with us, we grant you a limited, non-exclusive personal, non-transferable license to use our Services and proprietary software. However, you have to ensure that you use our Services only for your personal, private and non-commercial activities, except for when you register with us as a Business VPN user, and get a Business VPN account from us. This license shall be for personal use only, and you shall further be prohibited from reselling our Services, and allow other people to use your Account. Failure to comply may result in the termination of your Account.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes without limitation the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential, but the Company might choose to protect your identity by keeping your identity anonymous.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the likes relating to Evolve VPNTM or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently developed or considered by us, shall be without obligation to you.
Intellectual Property Rights of Others
Evolve VPN is a firm believer in the intellectual property rights of others and expects you to respect this right. Therefore, we strongly discourage our Users from engaging in any activity that can be construed as copyright and/or trademark infringement. File sharing is allowed on the following servers only: Afghanistan, Algeria, Angola, Armenia, The Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Bermuda, Bolivia, British Virgin Islands, Brunei Darussalam, Bulgaria, Cambodia, Cape Verde, Cayman Islands, Chile, Colombia, Costa Rica, Denmark, Dominicia, Dominican Republic, El Salvador, Estonia, Ethiopia, Germany, Ghana, Gernada, Guatemala, Guyana, Haiti, Honduras, Kazakhstan, Kenya, Kyrgyzstan, Laos, Latvia, Lebanon, Lithuania, Luxembourg, Macao, Madagascar, Mauritiania, Mauritius, Moldova, Monaco, Mongolia, Montserrat, Myanmar, Netherlands, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Portugal, Puerto Rico, Romania, Russia, Saint Lucia, Saudi Arabia, Senegal, Serbia, Seychelles, Slovenia, Sri Lanka, Suriname, Sweden, Tajikistan, Tanzania, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, United Arab Emirates, Uzbekistan and Venezuela.
In appropriate circumstances and at our discretion, we may disable and/or terminate the Accounts of members who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If we remove your content and/or terminate your Account for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our Website that are reported to our Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Website.
How to file a DMCA Notice of Alleged Infringement ("Notice"):
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
The Bristol Office, 2nd Floor, 5 High Street, Westbury On Trym, Bristol, England, BS9 3BY Email: [email protected]
If you receive a notification that your content has been removed due a copyright complaint and/or your Account terminated, it means that the content has been deleted from our Website at the request of the content's owner. If your Account receives too many copyright complaints, you may lose the ability to transmit new content, and your Account may be disabled completely.
If you believe content was removed in error and/or your Account terminated, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your Account's record, and we may replace the content that was removed at our discretion.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
To file a counter-notice, email your counter-notice to [email protected] and include the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature.
Third-Party Advertisements, Promotions, and Links
Third Party Advertisements and Promotions
We may, from time to time, run advertisements and promotions from Third Parties on the Website and/or the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Website and/or the Services.
Use of Third-Party Tools
We may provide you with access to Third-Party tools, over which we neither have any control nor any input on, nor do we monitor their use or performance.
You acknowledge and agree that we provide access to such tools on "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).
We may also, in the future, offer new Services and/or features through the Website and/or the Services (including, the release of new tools). Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products and Services available via our Website and/or Services may include materials from Third Parties.
Third-Party links on the Services may direct you to Third-Party websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party materials or websites and/or services, or for any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the Services. Please review carefully the Third-Party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSOR/S WARRANT THAT THE USE OF THE WEBSITE AND/OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES.
(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE WEBSITE AND/OR THE SERVICES YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE WEBSITE.
(E) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY OTHER GRIEVANCE, SHALL BE YOUR DISCONTINUATION OF ACCESS TO OR UTILIZATION OF THE WEBSITE AND/OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
You understand that Evolve VPN cannot be held liable for any loss, corruption, alteration or removal of any content transmitted via our Services or through our Virtual Private Network. By agreeing to use our Services, you explicitly waive any rights to seek damages or hold the Company liable for any such loss, alteration, corruption or removal. If and when required, we may temporarily/permanently revise or discontinue all or any part of our Services, which might impact the way you use our Services, with or without notice. You agree that you or any third-party will not hold us liable for any such revision, suspension or discontinuation.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND VENDORS AND RESPECTIVE DIRECTORS, OFFICERS, USERS AND AGENTS, FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE AND/OR SERVICES; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT; (C) YOUR USE OF THIRD-PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENT, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) THE UNAUTHORIZED USE OF THE WEBSITE AND/OR SERVICES BY ANY OTHER PERSON USING YOUR INFORMATION.
Governing Law; Arbitration
These Terms shall be governed and construed in accordance with the laws of UK, without regard to its conflicts of legal provisions. You agree to submit to the personal jurisdiction of the courts located in UK and any cause of action that relates to or arises from these Terms and/or the Website and/or the Services must be filed therein unless subject to the binding arbitration provisions of Arbitration Section, infra.
Conflict Resolution; Arbitration
In the event that you have a dispute with us, concerning, relating, or referring to these Terms and/or the Website and/or the Services you agree to first provide us notice of the dispute and a thirty (30)-day cure period during which time we will work to resolve the issue with you, when and if appropriate and reasonable. In the event that the dispute cannot be resolved the Parties agree that it shall resolved exclusively by binding arbitration in accordance with the substantive laws of UK and shall be brought for arbitration in UK. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
Server Location; International Transfer
The data protection and other laws of other countries may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using the Website and/or the Services you consent to your information being collected, used and transferred as set forth in the http://www.evolvevpn.com/privacy-policy.php.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and our rights and obligations to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
Rights of Third Parties
These Terms do not give any right to any Third Party except any provision in these Terms.
Relationship of the Parties
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Updates & Effective Date
The effective date of these Terms is 30 July 2020. From time to time, we may update these Terms of Service by prominently posting a notice of update to the Website or Member's Area or contacting you at the email you provided upon registration, so we encourage you to review them often.