Welcome to Evolution Advance. This website (“Site”) is owned and operated by Evolution
Advance, and its third-party licensors and its affiliates. By visiting or shopping at this site you
accept these conditions, so please read them carefully. We reserve the right at our discretion to
revise these Terms and Conditions from time to time. Please check these Terms and
Conditions periodically. By using the Site after we post changes to these Terms and Conditions,
you agree to accept those changes, whether or not you have actually reviewed them. If you do
not agree to abide by these Terms and Conditions, please do not enter or make any use of the
Site.
DISCLAIMERS
You acknowledge and agree that:
Evolution Advance® makes no representations or warranties of any kind or nature with respect
to the information or content posted on this web site. Evolution Advance® hereby disclaims all
representations and warranties, whether express or implied, created by law, contract or
otherwise, including, without limitation, any warranties of merchantability, fitness for a particular
purpose, title or non-infringement. In no event shall EVOLUTION ADVANCE® be liable for any
damages of any kind or nature, including, without limitation, direct, indirect, special (including
loss of profit) consequential or incidental damages arising from or in connection with the
existence or use of this internet site and/or the information or content posted on this web site,
regardless of whether EVOLUTION ADVANCE® has been advised as to the possibility of such
damages.
EVOLUTION ADVANCE® is not responsible, and provides no warranty whatsoever, for the
accuracy, effectiveness, timeliness and suitability of any information or content obtained from
third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided
on this web site, EVOLUTION ADVANCE® will not edit, censor or otherwise control any content
provided by third parties on any bulletin board, chat room or other similar forums posted on its
web site; such information should, therefore, be considered as suspect and is not endorsed by
EVOLUTION ADVANCE®.
This Web site may contain forward-looking statements that reflect EVOLUTION ADVANCE®’s
current expectation regarding future events and business development. The forward-looking
statements involve risks and uncertainties. Actual developments or results could differ
materially from those projected and depend on a number of factors including, but not limited to,
the success of current research programs, results of pending or future clinical trials, ongoing
commercialization of its products, regulatory approvals of pharmaceuticals, validity and
enforcement of its patents, the stability of its commercial relationships, and the general
economic conditions. EVOLUTION ADVANCE® intends to update this site on a regular basis
but assumes no obligation to update any of the content.
COPYRIGHT
All content included on this Site, including, but not limited to, text, graphics, photographs,
images, button icons, page headers, moving images, sound, illustrations and software
("Content"), is owned by EVOLUTION ADVANCE® and/or its third-party providers and is
protected by United States and international copyright laws. ©EVOLUTION ADVANCE
Corporation. ALL RIGHTS RESERVED.
You may not modify, remove, delete, augment, add to, publish, display, transmit, retransmit,
participate in the transfer or sale of, create derivative works from, or in any way exploit any of
the Content, in whole or in part. If no specific restrictions are displayed, you may download or
make copies of select portions of the Content, provided that the copies are made only for your
personal use and that you maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,
e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way
Content displayed on this Site without obtaining the prior written permission of EVOLUTION
ADVANCE ®.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use the Site, the Content, or any information displayed on the
Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms
and Conditions; or (b) with the prior written permission of EVOLUTION ADVANCE ® or the prior
written permission from such third party that may own the trademark or copyright of information
displayed on the Site.
TRADEMARKS
All trademarks, service marks and trade names of EVOLUTION ADVANCE® are trademarks or
registered trademarks of EVOLUTION ADVANCE® or its affiliates and third-party licensors,
including, but not limited to: EVOLUTION ADVANCE®. Nothing contained in or on the Site
should be construed as granting, by implication, estoppel or otherwise, any license or right to
use any of the trademarks or other intellectual property rights displayed in or on the Site unless
the prior written consent of EVOLUTION ADVANCE® has been obtained. Other than as
expressly provided by these Terms and Conditions, your use of the trademarks or any other
intellectual property rights or any Content in or on the Site in any way whatsoever is strictly
prohibited. EVOLUTION ADVANCE® operates a worldwide program to enforce its intellectual
property rights to the fullest extent of the law.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it, without
our express prior written consent. This includes: a prohibition on any resale or commercial use
of the Site or the Content; any collection and use of any product listings, descriptions, or prices;
any derivative use of the Site or the Content; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining, robots, browsers,
spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the
search engine and search agents available from EVOLUTION ADVANCE® on this Site and
other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox,
Chrome, Safari, etc.). The Site or any portion of the Site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our
express prior written consent. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page layout, or form) of
EVOLUTION ADVANCE® without our express prior written consent. You may not use any meta
tags or any other “hidden text” utilizing our name or trademarks without our prior written
consent.
You are prohibited from violating or attempting to violate the security of the Site, including,
without limitation, (a) accessing data not intended for you or logging into a server or account
which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any other user, host or network,
including, without limitation, via means of submitting a virus to the Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. EVOLUTION ADVANCE® will investigate
occurrences which may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such violations.
USER SUBMISSION
Any photographs or other content submitted by you for consideration for publication on the
EVOLUTION ADVANCE®’s Site, collectively referred to as “User Submissions,” shall be subject
to the provisions of these Terms and Conditions. By using this Site and submitting User
Submissions, you agree to these Terms and Conditions. You understand that whether or not
any User Submissions are published, EVOLUTION ADVANCE® does not guarantee any
confidentiality with respect to the User Submissions, EVOLUTION ADVANCE® does not
promise or agree to publish any User Submissions, and EVOLUTION ADVANCE® will not
return any User Submissions but is free, in its discretion, to destroy the User Submissions. B.
You shall be solely responsible for your own User Submissions and the consequences of the
posting or publishing of them. In connection with User Submissions, you affirm, represent, and
warrant that you own and have the right to assign and transfer to EVOLUTION ADVANCE®,
without permission or consent of any third party, all right and interest in the User Submissions
and in the intellectual property, and any other proprietary right, contained therein without
limitation. C. By tendering the User Submissions to EVOLUTION ADVANCE®, you warrant,
represent and agree that all intellectual property rights contained in the User Submissions,
including all copyright, trademark, trade secret, and any other proprietary rights are thereby
assigned and transferred to EVOLUTION ADVANCE® without any further documentation and
that EVOLUTION ADVANCE® shall thereafter be the sole and exclusive owner of the User
Submissions and of all intellectual property rights and proprietary rights contained there without
exception or limitation. By tendering the User Submissions, you warrant, represent and agree
that EVOLUTION ADVANCE® shall have the sole and exclusive right of use of any and all
patent, trademark, trade secret, copyright or other proprietary rights in and to the User
Submissions without limitation. D. In connection with User Submissions, you warrant, represent
and agree that you will not submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights. Further, you warrant, represent and agree that all User
Submissions will comply with EVOLUTION ADVANCE®’ privacy policy as established from time
to time. E. You warrant, represent and agree that, in connection with User Submissions, you will
not submit material that is contrary to the EVOLUTION ADVANCE® guidelines that may exist
from time to time, or contrary to applicable local, national, and international laws and
regulations. Further, as to any User Submissions invited by EVOLUTION ADVANCE® to be
submitted for consideration of publishing on its Site, you warrant, represent and agree that no
law was violated and no right of any person was harmed in obtaining, procuring, creating or
developing the material included within the User Submissions, it being clearly understood that
EVOLUTION ADVANCE ® does not authorize, approve or encourage any violation of the law or
harm to any person’s legal rights with respect to the User Submissions. F. You warrant,
represent and agree that EVOLUTION ADVANCE ® has the sole right to elect to publish or not
to publish the User Submissions, and if published it has the right to terminate publication in its
sole discretion without liability to you or to any third party. G. You warrant, represent and agree
that your User Submissions: 1. Shall not misrepresent any person or product; shall not falsely
impersonate any person or product; shall not contain any false, misleading or deceptive
trademarks, devices or symbols that could tend to confuse or could likely confuse any person
as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the
person or product represented in the User Submissions; 2. Shall not depict a minor person
under the age of 18 years without consent of the parent or guardian of the minor person; 3.
Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner;
3. Shall not be copied by you or anyone else under your instruction or control; shall not be
submitted for publication to any other person, publisher, website or source; and 4. Shall not
have been published previously on any website or other medium prior to submission to
EVOLUTION ADVANCE ® shall not be liable to you or to any third party for any royalty,
payment, use fee or any other consideration for or pertaining to the publishing, copying,
distribution or any other use of the User Submissions without limitation. You acknowledge and
agree that your submission of the User Submissions to EVOLUTION ADVANCE ® for
publishing consideration shall, together with your use of the Site, represent and constitute the
sole and exclusive consideration for your obligations under these Terms and Conditions.
DIGITAL MILLENNIUM COPYRIGHT ACT
Written DMCA Notice. If you are a copyright owner, or an agent of a copyright owner, and
believe that a User Submission or other content displayed on this Site infringes your copyright,
you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by
providing EVOLUTION ADVANCE®’ Copyright Agent with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail): 1 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 the service provider to locate the material; 4.
Information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail; 5. A statement that you have 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 under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. EVOLUTION ADVANCE®’s designated
Copyright Agent to receive notifications of claimed infringement is: Legal, EVOLUTION
ADVANCE INC, Miami Lakes Fl 33016. Only DMCA notices should go to the Copyright Agent.
If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not
be valid. B. Written DMCA Counter-Notice. If you believe that your User Submission that was
removed (or to which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner’s agent, or pursuant to the law, to have your User
Submission posted and used on this Site, then you may send a counter-notice containing the
following information to the Copyright Agent: 1. Your physical or electronic signature; 2.
Identification of the content that has been removed or to which access has been disabled and
the location at which the content appeared before it was removed or disabled; and 3. A
statement that you have a good faith belief that the content was removed or disabled as a result
of mistake or a misidentification of the content; and a statement that you will accept service of
process from the person who provided notification of the alleged infringement. If a counter-
notice is received by the EVOLUTION ADVANCE ® Copyright Agent, then EVOLUTION
ADVANCE ® may send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed content or cease disabling it in ten (10) business
days. Unless the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it restored, in ten
(10) to fourteen (14) business days or more after receipt of the counter-notice, at EVOLUTION
ADVANCE®’s sole discretion.
PRODUCT AVAILABILITY
Most EVOLUTION ADVANCE® products displayed at the Site are available in stores in the
United States. In some cases, merchandise displayed for sale at the Site may not be available
in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective
only in the United States.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. EVOLUTION ADVANCE® reserves the
right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the
United States. This includes the electronic transmission of information and software to foreign
countries and to certain foreign nationals. You agree to abide by these laws and their
regulations – including but not limited to the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic transmission or otherwise, any Content derived
from the Site to either a foreign national or a foreign destination in violation of such laws.
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
LINKS
We are not responsible for the content of any sites that may be linked to or from this Site. These
links are provided for your convenience only and you access them at your own risk. Any other
website accessed from the Site are independent from EVOLUTION ADVANCE®, and
EVOLUTION ADVANCE® has no control over the content of that other website. In addition, a
link to any other website does not imply that EVOLUTION ADVANCE® endorses or accepts
any responsibility for the content or use of such other website. In no event shall any reference
to any third party or third party product or service be construed as an approval or endorsement
by EVOLUTION ADVANCE® of that third party or of any product or service provided by a third
party.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
homepage of this Site so long as the link does not portray EVOLUTION ADVANCE® or their
products or services in a false, misleading, derogatory, or otherwise offensive matter. You may
not use any EVOLUTION ADVANCE® logo or other proprietary graphic or trademark as part of
the link without our prior express written permission.
DISCLAIMERS OF WARRANTY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER
EVOLUTION ADVANCE®, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES,
OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS,
CONTRACTORS, DISTRIBUTORS MERCHANTS, SPONSORS, LICENSORS OR THE LIKE
(COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE WILL BE
UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER EVOLUTION
ADVANCE®, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR
COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR
SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO
REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR
APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. EVOLUTION
ADVANCE® AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
EVOLUTION ADVANCE® SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT
THE USE OF THE SITE IS AT YOUR SOLE RISK.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EVOLUTION ADVANCE® OR ITS ASSOCIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY
INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO EVOLUTION ADVANCE® RECORDS, PROGRAMS OR SERVICES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF EVOLUTION ADVANCE® HAS BEEN ADVISED
OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU
HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF EVOLUTION
ADVANCE® AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EVOLUTION ADVANCE® SITE,
OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY
EVOLUTION ADVANCE ® IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN
IT IN UNUSED CONDITION.
Prices, descriptions and availability of products on the Site are subject to change without notice.
Errors will be corrected when discovered, and we reserve the right to revoke any stated offer
and to correct any errors, inaccuracies, or omissions (including after an order has been
submitted whether or not the order has been confirmed and your credit card charged).
ONLINE CONDUCT
You agree to use this Site only for lawful purposes. You are prohibited from posting on or
transmitting through this Site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international law. If we are notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author
chat or online review), EVOLUTION ADVANCE® may investigate the allegation and determine
in its sole discretion whether to remove or request the removal of such Content from the Site.
We may disclose any Content or electronic communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate
EVOLUTION ADVANCE®; or (iii) to protect the rights or property of EVOLUTION ADVANCE®,
its Associates and you.
EVOLUTION ADVANCE® reserves the right to prohibit conduct, communication, or Content
that EVOLUTION ADVANCE® deems in its sole discretion to be unlawful or harmful to you,
EVOLUTION ADVANCE®, any rights of EVOLUTION ADVANCE®, or any third party.
Notwithstanding the foregoing, neither EVOLUTION ADVANCE® nor its Associates can ensure
prompt removal of questionable content after online posting. Accordingly, neither EVOLUTION
ADVANCE®, nor its Associates assume any liability for any action or inaction with respect to
conduct, communication, or Content on the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without
notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable
law or is harmful to the interests of another user, EVOLUTION ADVANCE® or its Associates.
USAGE BY INDIVIDUALS UNDER THE AGE OF 18
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those
responsible for supervising children under 18 to decide which materials are appropriate for such
children to view and/or purchase. If you are under 18, you may use this Site only with
involvement of a parent or guardian.
We require that all purchases be made by adult individuals 18 years of age or older, or (ii) give
verifiable permission for such minors to purchase items on the Site and for the collection by us
of certain information in accordance with the terms of our privacy policy. EACH TIME YOU
PURCHASE A PRODUCT ON THIS SITE, YOU ARE REPRESENTING TO EVOLUTION
ADVANCE® THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR
THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE
TERMS OF OUR PRIVACY POLICY
INDEMNIFICATION
You agree to defend, indemnify and hold harmless EVOLUTION ADVANCE®, including its
officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers and
employees, from and against any and all claims, damages (actual and statutory), judgments,
penalties, fines, costs and expenses, including attorneys’ fees, arising from or related to (a)
your use of the Site, (b) your tender of User Submissions, and (c) your warranties,
representations or agreements contained in these Terms and Conditions
US SALES ONLY
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the
purpose of promoting EVOLUTION ADVANCE® products and services available in the United
States and select foreign markets. This Site is controlled and operated by EVOLUTION
ADVANCE® from its offices in Miami Lakes, FL
APPLICABLE LAW
By visiting the Site, you agree that the laws of the State of Florida, U.S.A., without regard to
principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international
sale of goods, will govern these Terms and Conditions and any dispute of any sort that might
arise between you and EVOLUTION ADVANCE® and its Associates.
DISPUTES
Any dispute relating in any way to your visit to the Site or to products you purchase through the
Site shall be submitted to mandatory, confidential arbitration. This clause shall be interpreted
broadly in favor of arbitration, and any issues of arbitrability shall be governed by the United
States Arbitration Act. Arbitration shall be conducted in Dade County, Florida except that, to the
extent you have in any manner violated or threatened to violate EVOLUTION ADVANCE®’s
intellectual property rights, EVOLUTION ADVANCE® may seek injunctive or other appropriate
relief in any state or federal court located in Dade County, Florida, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted
under the commercial arbitration rules then prevailing of the American Arbitration Association by
a single arbitrator appointed by the AAA. The arbitrator’s award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration proceedings or
otherwise. Should either party file an action contrary to this provision, the other party may be
awarded its reasonable attorneys fees and costs.
EVOLUTION ADVANCE®’s failure to insist upon or enforce strict performance of any provision
of these Terms and Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of
these Terms and Conditions.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on the Site. These policies
also govern your visit to the Site. We reserve the right to make changes to the Site, policies,
and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed sever able and shall not
affect the validity and enforceability of any remaining condition.
MISCELLANEOUS
Your obligations under these Terms and Conditions shall survive termination, and shall be
binding on your heirs, administrators, successors and assigns.
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