Terms and Conditions
ast updated March 4, 2021
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or the entity on behalf of which you have accessed the Site (“you”), and EvoLogic, Inc., doing business as EvoLogic (“we”, “us”, or “our”). These Terms and Conditions and the other terms and policies referred to herein govern your access to and use of the https://www.evologic.us website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), including your creation and maintenance of an account and placement of orders through the Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS AND THE OTHER TERMS AND POLICIES REFERRED TO HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF AN ENTITY, THEN BY ACCESSING THE SITE YOU HEREBY (A) REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS AND THE OTHER TERMS AND POLICIES REFERRED TO HEREIN AND (B) ACKNOWLEDGE AND AGREE THAT WE ARE RELYING ON SUCH REPRESENTATION BY PERMITTING YOU TO USE THE SITE.
The Site is hosted in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Site, you represent, warrant and covenant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENTS
We accept the following forms of payment: – Visa – Mastercard – American Express – Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You authorize us to obtain updated or replacement payment card expiration dates from your payment provider if your card expires and grant us the right to charge any renewal card issued to you as a replacement. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
Payment for all products purchased through the Site is due in full at the time the order is submitted. You agree to pay all charges at the prices then in effect for your purchases, any applicable sales tax thereon and any applicable shipping fees, and you authorize us to charge your chosen payment provider for (and you authorize your chosen payment provider to pay to EvoLogic) any such amounts upon placing your order. Additionally, you agree to pay all charges imposed by your payment provider in connection with purchases made by you through the Site. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
If we do not receive payment from your payment provider, you agree to pay all amounts due upon demand. In addition to the above described amounts, you agree to pay, upon demand, all costs of collection, including attorney’s fees and costs (whether or not an action or other formal dispute resolution proceeding is commenced), incurred by EvoLogic in connection with collecting amounts due EvoLogic.
We reserve the right to refuse or cancel any order placed through the Site, even if we have already requested or received payment; provided, we will promptly return payments received by us for orders that we have elected to refuse or cancel. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SHIPPING, TITLE, RISK OF LOSS, AND DELIVERY
All shipments from EvoLogic are made F.O.B. EvoLogic’s shipping point. Title and risk of loss shall pass to Customer upon delivery to the carrier at EvoLogic’s shipping point or upon delivery to the carrier at the manufacturer’s shipping point if the Goods are shipped directly from the manufacturer to Customer. In the absence of shipping directions from Customer and without EvoLogic incurring any responsibility or liability, Goods will be shipped by the method and via carrier that EvoLogic believes dependable. The carrier shall not be an agent of EvoLogic. EvoLogic will not be liable for any damage to Goods while such Goods are in transit. EvoLogic shall have no responsibility or liability for Goods shipped directly from the manufacturer.
Goods shall be inspected by Customer upon delivery and any use of the Goods for purposes other than inspection and testing during this period shall be considered a complete Acceptance by Customer. If the Goods fail to conform in any way, Customer shall notify EvoLogic within three (3) days of delivery, which notice must specify with particularity the nonconformity, and failing such notification the Goods shall be conclusively deemed to have been Accepted by Customer in all respects.
Stated delivery schedules or dates are good faith estimates only and not a commitment as to delivery on specific dates. Such delivery schedules or dates are approximate and are contingent on product availability, manufacturers’ estimated factory schedules, and certain other conditions prevailing at the time of receipt of an Order or fulfillment of an Order. EvoLogic will attempt to ship the Goods within the estimated times reflected at checkout when the Order is submitted and on the tracking reports but will not be liable for any failure to do so. EVOLOGIC SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHERWISE, SUFFERED OR INCURRED BY CUSTOMER AS A RESULT OF ANY DELAY IN SHIPMENT, DELIVERY OR PERFORMANCE, EVEN IF EVOLOGIC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Delay in delivery of any Goods shall not relieve Customer of its obligations to accept and pay for such Goods or any other goods or any services. If EvoLogic learns that EvoLogic cannot ship within the estimated times, EvoLogic will endeavor to notify Customer of the new estimated ship date. EvoLogic reserves the right to make delivery in installments. Unless paid for upon submission of the Order, each such installment shall be separately invoiced and paid for when due, without regard to subsequent deliveries. For items on backorder, EvoLogic may ship whenever the Goods become available without notice to the Customer.
A Customer’s Order, once submitted through EvoLogic’s website, may only be canceled or altered by Customer with EvoLogic’s express written consent. In the event that Customer cancels an Order for any reason, EvoLogic shall be paid a reasonable cancellation charge consisting of a percentage of the purchase price reflecting the percentage of the work performed and material costs incurred by EvoLogic prior to the notice of termination from Customer, plus actual direct costs incurred by EvoLogic resulting from cancellation. Cancellation charges associated with Orders for custom goods or special orders specifically manufactured or sourced to Customer’s specification may equal the actual purchase price of the affected Goods.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions do not provide you with any rights, licenses or protections whatsoever with respect thereto. You should review the applicable terms and policies, including terms and conditions and privacy and data gathering practices and policies, of any website to which you navigate from the Site or relating to any applications or Third-Party Consent you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we shall have no responsibility whatsoever in relation to such purchases, which purchases are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by us or harm caused to us arising from or in connection with your installation or use of or contact with any Third-Party Content or Third-Party Websites..
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates applicable law or regulation or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
Notwithstanding any other provision of these Terms and Conditions: (1) we reserve the right to modify the appearance and functionality of the Site and to discontinue or suspend the availability the Site, in each case, at any time and without prior notice; (2) we do not have any obligation to make the Site or any part thereof available to you during any specified time or for any specified duration; and (3) we will have no liability to you for any downtime or discontinuance of the Site, or any part thereof, whether scheduled, unscheduled or otherwise.
TERMINATION OF USE/ACCESS
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS, WHERE-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT AND THE MARKS AND YOUR ACCESS, INSTALLATION AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY AND COMPATIBILITY. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, we have no obligation to store your data and you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions, and any other policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable under applicable law, that provision or part of the provision shall be enforced to the maximum extent allowed by applicable law and shall be deemed severable from these Terms and Conditions to the extent unlawful, void or unenforceable under applicable law and shall not affect the validity and enforceability of any remaining provisions
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
5900 Saratoga Rd., Suite 5
Asbury, IA 52002