TERMS OF USE

Effective as of April 29, 2015Welcome to the EVOLVEMKD.COM website (the “Site”) which is owned and operated by Megan Driscoll, LLC d/b/a Evolve MKD (“EVOLVEMKD.COM”, “COMPANY”, “EVOLVEMKD”, or “we”). EVOLVEMKD.COM provides access to the Site and its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in and linked to, this Term & Conditions (“T&C”) and the linked Privacy Policy. We strongly recommend that, as you read this T&C, you also access and read the linked information, since it is incorporated into and hereby made part of this T&C. The T&C is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this T&C. If this T&C conflicts with any other document, the T&C will control for the purposes of usage of the Site. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Site in any way.

Acceptable Use Policy

The Site may provide you with an opportunity to interact with others and share your thoughts, information and materials. EVOLVEMKD expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to EVOLVEMKD at legal@evolvemkd.com.

You are solely responsible for the content, information and other materials (together the “Content”) that you post on the Site or transmit to other users and agree that you will not hold EVOLVEMKD responsible or liable for any Content from other users that you access on the Site.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. EVOLVEMKD will make the sole and absolute determination as to whether Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized coping of another person’s copyrighted work or links to them or providing information to circumvent security measures;
  • contains “masked” profanity (i.e., F*@&#)
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You may not include in your member profile or Content any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.

EVOLVEMKD is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy.

EVOLVEMKD will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice. You understand that when using the Site, you will be exposed to Content from a variety of sources, and that EVOLVEMKD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these T&C. You may not resell use of, or access to, the Service to any third party.

Termination of Access

In addition to any right or remedy that may be available to us under these T&C or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Your License to Company

By submitting any Content, including information, materials comments, ideas, questions, designs, and other similar communications to Company through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not make submissions through the Site. All such submissions will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. By making such a submission to the Site, you are granting Company a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Content, materials and information and to use your name, screen name and/or other identifying information in connection with such Content.

Privacy Policy

EVOLVEMKD respects the privacy of visitors and users of this website, and will only collect personally identifiable data, such as your name or email address, when it is voluntarily submitted to us at this website. Please read our Privacy Policy in full which can be reached by clicking here.

Links

The Site or third parties may provide links to other websites or resources. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Our Proprietary Rights

EVOLVEMKD or its licensors are the exclusive owners of all information, materials, copy, software, graphics, designs and all copyrights, trademarks, logos, service marks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights in any of the foregoing and agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these T&C are expressly reserved by EVOLVEMKD.

No Warranties

THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND EVOLVEMKD.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE AND/OR ANY SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

THE INFORMATION, SOFTWARE, AND SERVICES ACCESSED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO CONTENT OF THIS SITE. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS SITE AT ANY TIME. THEREFORE, SOME OF THE INFORMATION ON THE SITE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. EVOLVEMKD.COM DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEBSITES CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.

THE SITE MAY CONTAIN OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. EVOLVEMKD.COM DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON SITE CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVOLVEMKD.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR FOR ANY INFORMATION, SOFTWARE, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST EVOLVEMKD.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior six (6) months or (ii) ten dollars ($10). Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of New York law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless EVOLVEMKD, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) any breach by you of any of these T&C, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by EVOLVEMKD) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law

This T&C and the relationship between you and EVOLVEMKD.COM will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and EVOLVEMKD.COM agree to submit to the personal jurisdiction and exclusive venue of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this T&C or the use of or your access to the Site. You hereby waive any defenses or claims related to inconvenient forum.

Any claims asserted by you in connection with the Service must be asserted in writing to EVOLVEMKD within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Copyright

EVOLVEMKD.COM respects the intellectual property of others, and we ask our users to do the same. EVOLVEMKD.COM may, in appropriate circumstances and at its discretion, disable and/or terminate the access or accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide notice to EVOLVEMKD.COM’s Copyright Agent that at a minimum contains:

  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 us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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 that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices should be sent to our designated agent as follows:
EvolveMKD
Attn: Megan Driscoll
Email: legal@evolvemkd.com

EVOLVEMKD.COM may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this T&C.

Electronic Communication

When you use the Site or send emails to EVOLVEMKD.COM, you are communicating with EVOLVEMKD.COM electronically. You consent to receive communications from EVOLVEMKD.COM electronically. EVOLVEMKD.COM will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification and Notification of Changes

EVOLVEMKD.COM reserves the right to make changes to the Site, related policies and agreements, this T&C and the Privacy Policy at any time. If EVOLVEMKD.COM makes a material modification to this T&C or the Privacy Policy, it will notify you by displaying a prominent announcement above the text of this T&C or the Privacy Policy, as appropriate, for thirty (30) days, and you agree that such notification shall be sufficient notification of such changes.

After notice of a modification to the T&C or the Privacy Policy has been posted for thirty (30) days, the notice will be removed. If you have not used the Site for more than thirty (30) days, you should check these two sections for any modifications to the T&C or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the T&C or the Privacy Policy, you may do so by logging into your account here and terminating your account. If you choose to continue using the Site after any such changes have been made, you agree that by doing so you will be deemed to accept the new T&C or Privacy Policy, as relevant.

Survival

Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.

Severability

If any part of these T&C shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these T&C.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these T&C by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these T&C. Our rights and remedies under these T&C shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Miscellaneous

Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C, together with the Privacy Policy and any other document linked to from this T&C, constitutes the entire agreement between you and Company and governs your use of the Site and Service, superseding any prior agreements between you and Company with respect to the Site and Service.

Contact Information

Should you have any questions you may contact us at contact@EvolveMKD.com.