Evoca - About Us - User Agreement

User Agreement

Welcome to the Evoca.com website (the "Site") operated by Evoca LLC ("Evoca", "us" or "we"). Your use of this Site and the information, content and services available through the Site are subject to the following terms and conditions of this User Agreement, which may be updated by us from time to time without notice to you. Evoca reserves the right to change these terms and conditions at any time. You can review the most current version of this User Agreement at any time at http://www.evoa.com/agreement.php. If you do not agree to any of these terms and conditions, please do not use the Site. By using this Site, you are agreeing to be bound by, and to comply with the terms and conditions of this User Agreement in effect at the time of your use, without limitation and qualification.

This User Agreement does not apply to use of certain Evoca services including, but not limited to, Evoca Free or Professional memberships (http://www.evoca.com/links/terms.jsp) and Evoca Media Services. Use of those Evoca services or any other Evoca services requires acceptance of User Agreements specific to those services.

THE SITE

These terms and conditions of this User Agreement apply to all users of the Site.

SITE USAGE

The term "Site Content" means all information, text, pictures, sound, voice recordings, graphics, images, video, data, logos, button icons, software code and other content provided by Evoca and its licensors that is displayed or otherwise available on or through the Site, and any other websites under Evoca's control.

You are authorized to access and use the Site and related Site Content as set forth in these terms and conditions, provided that: (i) your use of the Site and Site Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media without Evoca's prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of this User Agreement.

LEGAL NOTICES

We post legal notices and various credits on pages of the Site, which may not be removed even on your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of Evoca or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of Evoca is granted to or conferred upon you.

NO UNLAWFUL OR HARMFUL USE

You are solely responsible for using Evoca.com in a lawful manner, including providing notice as applicable regarding your decision to record communications with others, as may be required by state, federal or national laws or other applicable regulations relating to the privacy of voice and electronic communications. You will not use the Site or any of the Site Content in any way that is unlawful or harms Evoca or any user of Evoca. You may not use the Site in any manner that could overburden, or impair any Evoca Site (or the networks or systems connected to any Evoca Site). You may not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

RESPECT FOR INTELLECTUAL PROPERTY

Evoca.com respects the intellectual property rights of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other Intellectual Property Rights of Evoca.com and/or others.

INDEMNITY

You agree to defend, indemnify and hold harmless Evoca, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, your violation of this User Agreement, or your violation of any rights of others.

SECURITY

You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Evoca reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

COMMUNICATIONS

With respect to all communications you make to Evoca, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Evoca shall have no obligation to protect your communications from disclosure; (ii) Evoca shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Evoca shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

WARRANTY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EVOCA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. EVOCA DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EVOCA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.

LIMITED TIME TO BRING YOUR CLAIM

You and Evoca agree that any cause of action arising out of or related to the Site or any Site Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

LINKS

The Site may provide, or third parties may provide, links to other websites or resources. Because Evoca has no control over such sites or resources, you acknowledge and agree that Evoca is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Evoca assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against Evoca from your use of any third-party website.

TERMINATION

You agree that Evoca, in its sole discretion, may terminate your use of the Site and remove and discard your Contributed Materials, for any reason, if Evoca believes that you have violated or acted inconsistently with the letter and spirit of this User Agreement. Evoca may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Evoca may bar any further access to the Site. Further, you agree that Evoca shall not be liable to you or any third-party for any termination of access to the Site.

RIGHT TO ACCESS

You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Site. By using this Site you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions of this User Agreement, and comply with the terms and conditions of this User Agreement.

DISPUTE RESOLUTION

Any disputes and/or claims arising out of this User Agreement and/or the use of the Site and/or any products and services acquired under or relating to this User Agreement shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in Savannah, Georgia. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. Each party shall bear its own costs, including any attorneys' fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief outside of arbitration to protect our Intellectual Property Rights.

NO THIRD PARTY BENEFICIARIES

This Agreement is solely between you and Evoca This Agreement does not create, and you and Evoca expressly disclaim, any third-party beneficiary relationships. Any controversies or claims brought or asserted by you or on your behalf that arise out of or relate to this Agreement, the Site or our services shall be solely against Evoca.

GENERAL INFORMATION

The User Agreement constitutes the entire agreement between you and Evoca relating to your use of our Site and Site Content. This User Agreement and the relationship between you and Evoca shall be governed by the laws of the State of Georgia without regard to any conflict of law provisions. The failure of Evoca to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. Should any part of this User Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the User Agreement had been eliminated.

COPYRIGHT NOTICE

Updated: September 12, 2007