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Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, Evo Automation L.L.C. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Evo Automation L.L.C. MAKES NO WARRANTY THAT:
1. THE WEB SITE OR SERVICE WILL MEET YOUR REQUIREMENTS;
2. THE WEB SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS;
3. YOU WILL RECEIVE A CALL;
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS;
5. ANY ERRORS ON THE WEB SITE WILL BE CORRECTED; AND
6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE WEB SITE ARE CORRECT, ACCURATE OR RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
Third-Party Service
YOU AGREE THAT Evo Automation L.L.C. OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE WEB SITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE OR OTHER OCCURRENCES BEYOND THE CONTROL OF Evo Automation L.L.C. OR SUCH THIRD PARTIES.
No Warranty
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM Evo Automation L.L.C., FROM A Evo Automation L.L.C. EMPLOYEE OR AGENT OR THROUGH OR FROM THE WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Evo Automation L.L.C. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Evo Automation L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OF OR THE INABILITY TO USE THE WEB SITE;
2. THE LACK OF RECEIVING A CALL AND ANY RESULTING CONSEQUENCES FROM NOT RECEIVING THE CALL;
3. THE LACK OF A CALL NOT BEING PLACED AND ANY RESULTING CONSEQUENCES FROM NOT BEING CALLED;
4. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEB SITE;
5. ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE;
6. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
7. ANY OTHER MATTER RELATING TO THE WEB SITE.
Indemnification
You agree to indemnify, defend and hold harmless Evo Automation L.L.C., its affiliates and officers, directors, employees and agents of Evo Automation L.L.C. and its affiliates, from and against any and all claims, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of this Web site.
Savings Clause
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then the remaining terms shall still be binding and construed as if the unlawful term had been omitted. These Terms and Conditions represent the entire agreement between Evo Automation L.L.C. and the user relating to the subject matter herein.
Applicable Law and Venue
Unless otherwise specified, Evo Automation L.L.C. controls and operates this Web site from our offices within the State of Nevada, United States of America. Evo Automation L.L.C. do not claim that materials in this Web site are appropriate or available for use in locations other than the United States. If you choose to access this Web site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Web site, you agree that the laws of the State of Nevada, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Evo Automation L.L.C. or its affiliates. If you take legal action relating to these Terms and Conditions, you agree to file such action only in Clark County in the State of Neveda.
Termination, Suspension or Modification
The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions. Evo Automation L.L.C. reserves the right to terminate, suspend or modify your access to the Web site at any time, without notice, for any reason whatsoever. You agree that Evo Automation L.L.C. shall not be liable to you or any third party for any termination of your access to this Web site. You will forfeit any payment made for past and future services at the time the violation occurs.
Recording
In connection with your use of this Web site, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and Evo Automation L.L.C. or its representatives or agents. You acknowledge and consent to the recording, retention and use by Evo Automation L.L.C. (and its employees, representatives and agents) of all information and data that you input during your use of the Web site.
No Guarantee
No Guarantee is made that you will be called, or contacted by Evo Automation L.L.C. despite your registration and request to do so. Evo Automation L.L.C. uses an automated system to attempt to contact you and that due to foreseen and unforeseen circumstances each call is not guaranteed to be made to you.
Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
No Liability
Evo Automation L.L.C. are not liable in any circumstance for a failure in the service including those within their control and outside, which includes but is not limited to the following: server failures, software glitches, disputes with copyright owners, licensor labor disputes, power outages, phone outages, internet outages, VOIP provider outages, ISP outages, ISP air conditioning outages, busy signals, phone company privacy guard, disconnected numbers, failed hardware, terrorist attacks, denial of service attacks, hackers, mistakes by user. The parties agree that the value of each call is $0.01.
Change In Policy
You understand that these terms and conditions are subject to change without notice and that you are bound by the new terms in the event of a change. A copy of our policy is always available to you.
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