The following terms and conditions govern all use of the Pro:Up website, located at http://www.pro-up.co (together with any services in connection therewith, the "Website") which is owned and operated by Evolve Lifestyle Group, LLC ("Evolve" or "we", "us", "our", or similar designations). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Evolve's Privacy Policies) and procedures that may be published from time to time on this Website by Evolve (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services offered by Evolve or otherwise made available to you through use of the Website. If these terms and conditions are considered an offer by Evolve, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Use of the Website
We hereby grant you a limited, personal, non-exclusive, non-transferrable, non-assignable, terminable license to use the Website subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Evolve.
Evolve may change, suspend or discontinue the Website, or any services offered by Evolve or otherwise made available to you through use of the Website, at any time, including the availability of any feature, database, or Content (as defined below). Evolve may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. You certify to Evolve that (a) you are at least 13 years of age, (b)you are legally permitted to use the Website, and takes full responsibility for the selection and use of the Website. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, computing devices, including smart phones, tablets, and the like; software that runs on said computing devices; and internet access service(s) for connecting said computing devices to Website. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.
2. Restrictions on Use
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Website (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Website; (iii) rent, lease, or use the Website for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Website or (v) engage in any fraudulent or illegal activity, violate any laws or third party rights, or this Agreement. As between the parties, Evolve shall own all title, ownership rights, and intellectual property rights in and to the Website, and any copies or portions thereof.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Evolve reserves the right to bar any such activity.
You may use the Website only for its intended purpose and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; or (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Evolve server, or to any of the services offered on or through the Website, by hacking, password "mining", or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Evolve's systems or networks, or any systems or networks connected to the Website or to Evolve.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You shall not use the Website or any Content for any purpose that is unlawful or prohibited by this Agreement.
3. Fees and Payment
Paid services are available on the Website. By selecting a paid service you agree to pay Evolve the fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for an annual period as indicated. Paid service fees are not refundable.
4. Registration; Security
As a condition to using certain products and services of the Website, you may be required to register with Evolve and select a password. You shall provide Evolve with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Evolve reserves the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your Evolve password and other account information. As such, you are responsible for all activity occurring under your user accounts and shall abide by all applicable local, state, national, and foreign, laws, treaties and regulations in connection with your use of the Website. You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another user or provide false identity information to gain access to or use the Website.
Evolve may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Evolve account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Evolve if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Evolve's notice to you thereof; provided that, Evolve can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agrees that all content and materials (collectively, "Content") delivered via the Website or otherwise made available by Evolve at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Evolve does not support the distribution of pornographic content. Except as expressly authorized by Evolve in writing, or otherwise expressly allowed by the Website, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
Evolve reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Evolve may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Evolve shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Your sole remedy, and Evolve's exclusive liability, for defects in the Website shall be for Evolve to use commercially reasonable efforts to promptly correct such defects.
You represent and warrant that: (i) with respect to all information you provide to Evolve, you have the full right and authority to make such provision and to allow Evolve to use such information to provide the Website (including, without limitation, for Evolve to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Website will infringe or otherwise conflict with the rights of any third party.
9. Warranty Disclaimer
The Website is provided "as is". Evolve and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Evolve nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EVOLVE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
In no event will Evolve, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Evolve under this agreement during the twelve (12) month period prior to the cause of action. Evolve shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
All Content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Evolve or its content suppliers or licensors and protected by United States and international copyright laws. The compilation of all Content on the Website is the exclusive property of Evolve and protected by United States and international copyright laws. All software used on (or provided through) the Website is the property of Evolve or its software suppliers or licensors and protected by United States and international copyright laws.
You agree to indemnify and hold harmless Evolve, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
15. DMCA Compliance
It is the policy of Evolve to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Our response to these notices may include removing or disabling access to Content claimed to be the subject of infringing activity and/or terminating user accounts. If we remove or disable access to any Content in response to such a notice, we will make a good-faith attempt to contact the user that uploaded the Content, so that they may make a counter notification. Evolve will, in appropriate circumstances, terminate the accounts of repeat infringers.
If a copyright owner or an agent thereof believes that any Content or link on the Website infringes upon such owner's copyrights, the copyright owner may submit a notice pursuant to the DMCA, a copy of which can be found here: http://www.copyright.gov/legislation/pl105-304.pdf (“DMCA”). Our designated DMCA copyright agent to receive notices of infringing material is: firstname.lastname@example.org . Only DMCA notices should go to our DMCA copyright agent. DMCA notice may not be valid if they fail to comply with all of the requirements of the DMCA.
In some instances a user who has uploaded or posted Content which has been removed pursuant to a DMCA notice may supply a counter-notification. The owner of such affected Content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, Evolve may reinstate the posts or material in question. To file a counter-notification, the user must provide a written communication (by email to our copyright agent) that sets forth all of the items required by the DMCA.
By visiting our Website and providing information to us, you consent to such transfer to, and processing in the US.
Information Collection and Use
Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through the Website, including, but not limited, to the Website, to communicate with you, and to manage your registered user account, if you have one.
Information Collected Upon Registration
If you desire to have access to certain restricted sections of the Website, you will be required to become a registered user, and to submit certain personally identifiable information to Evolve. This happens in a number of instances, such as when you sign up for the Website, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full name, email address, time zone, high school zip code, home zip code, year of graduation, grade point average (GPA), telephone number, gender, ethnicity, race, SAT/ACT test scores, and other information that you decide to provide us with, including, without limitation, your personal bio.
Use of Contact Information
In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our Website. If you decide at any time that you no longer wish to receive such information or communications from us, please un-follow us, or follow the unsubscribe instructions provided in any of the communications.
When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website ("Log Data" ). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to monitor the use of the Website and of our Website, and for the Website’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Website.
Information Sharing and Disclosure
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, billing, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Compliance with Laws and Law Enforcement
Evolve cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Evolve or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Evolve is very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Website in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Websites
Our Website contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other Websites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Towards Children
The Website is not directed to persons under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at WebMaster@Pro-Up.co. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete such information from our files.
Changes to this Policy