Evolved Autosport® User Agreement


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND ANY MATERIALS CONTAINED HEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH WWW.EVOLVED-AUTOSPORT.COM AND RELATED WEBSITES (THE "WEBSITE"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE WWW.EVOLVED-AUTOSPORT.COM.



The following User Agreement ("Agreement") governs your ("you" or "your") use of WWW.EVOLVED-AUTOSPORT.COM ("Website"), as provided by Evolved Autosport, a Minnesota corporation ("Evolved," "we," "us" or "our").



Please read the terms of this Agreement carefully. If you do not agree with these terms, you cannot use the Website. Your use of the Website and/or the creation of a user account constitutes your acceptance of this Agreement with us. In addition to reviewing this Agreement, please review our Privacy Policy.



The Agreement may be modified from time to time; the date of the most recent revisions will appear on the Website or through a notification to you through the e-mail address you provided to Evolved for the establishment of your user account. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow the terms of this Agreement may result in suspension or termination of your access to the Website, without notice, in addition to Evolved Autosport’s other remedies.



1. Evolved Services.


Evolved provides an online service (the "Service") in which you can purchase after-market automotive parts and other automotive related products, obtain information related to automobiles and the products Evolved sells and installs and correspond with Evolved representatives. Evolved does not manufacture automotive parts. Evolved sells and installs automotive parts and products ("Products") manufactured by other parties ("Vendors"). Evolved makes no representation, warranty or guaranty regarding any Vendor or Product and by using the Website you agree that Evolved bears no liability in regards to any such Vendor or Product. Various third party consumers may comment on or make certain statements regarding a particular Product or Vendor. Evolved makes no representation, warranty or guaranty regarding any such statement and/or the veracity thereof; any such statements are the statements of the third party consumer and not a statement by or on behalf of Evolved Autosport. The use of any Vendor or Product or any statement regarding the same placed on the Website by a third party is undertaken at your own risk.



2. Website Registration.


To use the Website, you may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Evolved Autosport. Registered users (each, a "Registered User") are permitted only one (1) account. Registered Users with more than one account are subject to immediate account termination. Evolved, at its sole discretion, may suspend or revoke the registration of any Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Website or otherwise made known by Evolved is subject to immediate disqualification and revocation of their registration. Evolved reserves the right to cancel, terminate or discontinue the sale of any Product at any time.



3. Evolved Advertisers on Website.


Evolved, in its sole discretion, may post the advertisements of third parties on the Website. Your correspondence or dealings with advertisers found on the Website are solely between you and such advertiser. You agree that Evolved shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website. Moreover, Evolved shall not be responsible or liable for the statements or conduct of any third party on the Website, including, but not limited to advertisers.



4. No Agency; Third-Party Beneficiary.


Evolved is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Evolved, Vendors and you.



5. Reliance on Evolved Supplied Information.


Information available through the Website or other communications with you is for promotional and/or informational purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any Website content is accurate, complete or current, including any user alerts sent by us to you via e-mail. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website content and other information and opinions expressed through our Website or our communications with you. For instance, ratings and reviews may be informative but are not provided as a guaranty or prediction of the level of performance you may experience with the applicable product, service, merchant, Vendor or other third party. You are solely responsible for the actions or decisions you take based on materials and information available through the Website and should carry out your own research and investigation as appropriate.



6. Monitoring.


We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Website to foster compliance with this Agreement. All users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guaranties that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use; (2) apparent statements of fact will be authenticated; or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.



7. Registration Information.


Evolved may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available.



8. Use of User ID/Password.



A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.


B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.


C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information) you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website.





9. Use of the Website by You.



A. The Website is not intended for users under the age of 18, and Evolved does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required.


B. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.


C. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week, if functions of the Website would otherwise allow you to do so.


D. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.


E. You further agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.


F. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.


G. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.


H. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.


I. The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Evolved or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Evolved or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.


J. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Evolved or the Website.


K. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.


L. Other than connecting to Evolved Autosport’s servers by http requests using a Web browser, you may not attempt to gain access to Evolved Autosport’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.


M. You acknowledge that Evolved has not reviewed and does not endorse the content of all sites linked to or from this Website and is not responsible for the content or actions of any other sites linked to or from this Website. Your linking to any service or site is at your sole risk.



10. Comments by Others are not Endorsed by Evolved Autosport.


Evolved does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise that may be contained in the Website or added in the future. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Evolved Autosport. You agree that Evolved is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.



11. Use of Material Supplied by You.


For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sub-license any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.



12. Trademarks.


Evolved Autosport® and all other Evolved product names, service names, slogans or logos referenced in Website or any other materials are trademarks or registered trademarks of CMC Enterprises Incorporated, a Minnesota corporation doing business as Evolved Autosport. All other company, product or service names referenced in Website are used for identification purposes only and may be trademarks of their respective owners.



13. Copyright.


Copyright © 2006-2014, CMC Enterprises Incorporated d/b/a Evolved Autosport. All rights reserved. Original user content submitted by users or providers to the Website or where expressly provided otherwise by Evolved is proprietary to the submitting users and/or providers, is protected by copyright law and is subject to the usage restrictions set forth herein. Evolved respects the intellectual property of others and we ask our users to do the same. Evolved may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Evolved by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512) to our Copyright Agent set forth below:



A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


B. 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;


C. 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 Evolved to locate the material;


D. Information reasonably sufficient to permit Evolved 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;


E. 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


F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.





Copyright Agent:
Evolved Copyright Agent
info@evolved-autosport.com



14. Merchandise Sold on or through the Website.


Evolved does not make any warranties with respect to any of the merchandise, products and/or services featured, mentioned or sold on or through the Website, whether now exiting or in the future. You agree that Evolved is not responsible, and shall have no liability to you, with respect to merchandise, products and/or services featured, mentioned, sold or distributed on or through the Website.



15. Shipping and Handling;Title and Risk of Loss.


Evolved is not responsible for any Products lost or damaged during the shipping process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.



16. Return Policy.


All return requests must be made within thirty (30) days of the date of purchase with documentation related to said purchase as requested by Evolved in its sole discretion. Absolutely no credits or refunds are available for electronic Products, custom Products or Products modified in any way at your request. Evolved reserves the right to charge you a restocking fee of up to twenty-five percent (25%) of the purchase price of any Product. Evolved will only allow you to maintain a credit balance on your account at your request. Any credit balances on your account with Evolved will be remitted to you within seven (7) days of Evolved Autosport’s receipt of your written request to remit such balance. If you fail to request the return of your credit balance within one (1) year of the creation of said credit balance, said balance shall terminate and Evolved may retain any and all such balances.



17. Indemnification.


You agree to indemnify Evolved and its affiliates, employees, agents and/or representatives and to defend and hold each of them harmless from any and all claims and liabilities (including attorneys fees) which may arise from your use of Products or Services purchased from the Website, from your unauthorized use of material obtained through the Website or from your breach of this Agreement or from any such acts through your use of the Website or Products or Services offered through the Website.



18. Editing and Deletions.


Evolved reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website including any material provided by any user, in its sole discretion, without notice.



19. Disclaimer of Warranty and Limitation of Liability.


YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AND ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE, INCLUDING THE INSTALLATION OF ANY SUCH PRODUCTS, AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND Evolved HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. Evolved DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.



Evolved SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, THE PROVISION OF PROMOTIONAL MATERIALS, OFFERS, COUPONS OR REBATES, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.



YOU HEREBY AGREE TO RELEASE Evolved AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."



BECAUSE Evolved PROVIDES NO WARRANTY IN TRANSACTIONS BETWEEN BUYERS AND VENDORS OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE AND COVENANT NOT TO SUE Evolved (AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU SHOULD CONTACT AN APPLICABLE VENDOR REGARDING ANY WARRANTY ISSUES RELATED TO ANY PRODUCTS OFFERED THROUGH THE WEBSITE.



YOU ACKNOWLEDGE AND AGREE THAT SOME PRODUCTS MAY NOT BE LAWFUL FOR USE ON PUBLIC ROADWAYS. NO WARRANTY IS MADE OR IMPLIED REGARDING THE LEGALITY OF ANY PRODUCTS OFFERED THROUGH THE WEBSITE OR BY Evolved Autosport. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR AUTOMOBILE OR ANY ALTERATIONS MADE IN CONNECTION WITH PRODUCTS OFFERED THROUGH THE WEBSITE ARE LEGAL IN ANY STATE(S) IN WHICH THE AUTOMOBILE WILL BE OPERATED.



YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INSTALLATION OF PRODUCTS OFFERED THROUGH THE WEBSITE OR CERTAIN MODIFICATIONS MADE TO YOUR AUTOMOBILE MAY VOID WARRANTY COVERAGE ON SAID AUTOMOBILE AND THAT Evolved BEARS NO LIABILITY FOR ANY SUCH MATTER.



Motor vehicles are inherently dangerous objects. The modification of a vehicle to attain certain levels of performance outside of what was intended by the original manufacturer of the vehicle can make a vehicle more dangerous. You fully and unconditionally accept all risks associated with the PURCHASE AND/OR INSTALLATION OF ANY PRODUCTS OR SERVICES PURCHASED BY Evolved AND THE operation and testing of YOUR AUTOMOBILE and agree to defend, indemnify and hold Evolved harmless from the same. Except for the gross negligence or willful misconduct of Evolved, you agree to defend, indemnify and hold Evolved harmless from any claims related to the PURCHASE AND/OR INSTALLATION OF ANY PRODUCTS OR SERVICES PURCHASED BY Evolved AND THE operation and testing of YOUR AUTOMOBILE, including but not limited to claims of ownership, bodily injury, breach of manufacturer warranty, property damage or death.



20. No Class Actions.


TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT OR OTHER PROCEEDING AGAINST US.



21. Export Controls.


This Website and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States of America and any amendment thereof. You acknowledge that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If you have any questions regarding your obligations under the United States of America Export Regulations, you should contact legal counsel of their choosing.



22. Purchase Terms.


You agree to pay to Evolved the fees and costs stated or as specified from time to time for various Products and services available by or through Evolved and you are responsible for promptly paying Evolved for any Products or Services. Failure to pay fees may result in the initiation of legal action against you. Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent (1.5%) per month. Fees may be prorated for portions of months. Fees and payment terms are subject to change upon notice by Evolved to you. Products, once purchased, are subject to Evolved Autosport’s Return Policy, as defined in this Agreement. Absolutely no credits or refunds are available for custom or electronic Products. Once a charge has been processed to your credit card, you shall not request your credit card company to reverse the charge or charge it back to Evolved Autosport. If you have a legitimate basis to request a credit for a charge previously processed against your credit card account, you shall request a credit from Evolved by written notice and resolve the issue directly with Evolved Autosport. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against Evolved shall be reimposed by Evolved upon you. Such costs may exceed the cost of the reversed item or charge back by many times. Should a dispute arise between you and Evolved, Evolved, if the prevailing party, shall be entitled to its costs and attorneys’ fees incurred therein, regardless of whether formal litigation is initiated. You shall not be entitled to any award of attorneys’ fees in any circumstance.



23. Jurisdiction.


Evolved makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Minnesota applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Minneapolis, Minnesota. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.



24. Termination or Suspension of Access to the Website.


Evolved has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.



25. ENTIRE AGREEMENT.


THESE TERMS OF USE, TOGETHER WITH ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS WEBSITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS WEBSITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These terms of use may only be modified in writing by Evolved Autosport.




26. Loyalty Rewards.





Earning Rewards
The Evolved Autosport Loyalty Rewards Program (the "Loyalty Program") is available to all registered users of the Website (each a "User" or collectively "Users") as set forth below. Users will accumulate certain rewards ("Loyalty Rewards") via their participation in the Loyalty Program as follows:


A User will earn loyalty points equal to 2% of his or her purchase of a product via the Website, excluding any taxes, shipping or handling or other charges or costs and any amounts spent on gift cards.
A User will earn 1000 loyalty points for each referral that results in a completed purchase.
One Hundred (100) loyalty points shall entitle the holder thereof to a discount equivalent of $1.00 on his or her purchase of a product via the Website. Loyalty Rewards may only be redeemed on at the Website for the purchase of products. Loyalty Rewards may not be used for and will not accumulate as the result of purchases of gift cards or the payment of any applicable taxes or shipping or handling or other costs. Loyalty Rewards may also not be applied to prior purchases. If an item purchased by a User via the Website is returned, the User will not earn any Loyalty Rewards for said purchase and any previously awarded Loyalty Rewards for said purchase shall be cancelled. Unless otherwise indicated by Evolved, Loyalty Rewards may be redeemed in conjunction with discounts or offers granted by Evolved Autosport. Evolved may limit the number of Loyalty Rewards that may be redeemed at one time. Users must accumulate 500 points before being eligible to redeem any Loyalty Rewards. Users with less than 500 points will not be able to redeem Loyalty Rewards until they have acquired a Loyalty Reward balance of 500 points. Evolved may determine, in its sole and absolute discretion, to restrict the redemption of Loyalty Rewards with respect to certain products. Other restrictions may apply.
Loyalty Rewards have NO CASH VALUE and may not be redeemed for any cash payment. Loyalty Rewards are only earned by a User based upon activity on and via the Website or as otherwise set forth herein. From time to time, Evolved may amend the Loyalty Program and how Loyalty Rewards are accumulated or redeemed. Any such changes to the Loyalty Program will be posted on the Website in the Website User Agreement, but no other notice will be provided to any Users.
Users will be able to check the amount of Loyalty Rewards accumulated in their account by logging into the Loyalty Rewards section of the Website. Loyalty Rewards are personal to a specific User and may not be conveyed, transferred, assigned, donated or shared in any way.
Evolved specifically reserves the right to terminate, cancel, suspend and/or modify the Loyalty Program or any specific User's participation in the Loyalty Program at any time, if a User violates the rules, terms and conditions of the Loyalty Program or if any fraud, virus or other technical problem corrupts the administration, security, safety or proper function of the Website or the Loyalty Program, as determined by Evolved in its sole and absolute discretion. In addition, Evolved reserves the right to terminate, cancel, suspend and/or permanently ban any specific User's participation in the Loyalty Program if Evolved suspects in any manner that such User is conducting fraudulent activity to acquire, accumulate or spend Loyalty Rewards including, but not limited to, by a User creating multiple accounts, false referrals, etc.






Expiration of Loyalty Rewards
Points will expire at midnight on December 31st in the calendar year that they were earned, if not redeemed prior to the expiration date.





Account Information
You may view your Loyalty Program account by clicking the "Loyalty Rewards" tab on the website. The information you provide will be handled in accordance with the Evolved Autosport's Privacy Policy, which is available at WWW.EVOLVED-AUTOSPORT.COM/privacy-statement/.





Termination

Participation in Evolved Autosport's Loyalty Program is a privilege granted to Users and as such can be suspended, revoked or terminated at any time by Evolved for any reason or for no reason in its sole and absolute discretion. In the event of the termination of your participation, all benefits, including all accrued Points and other program benefits, will automatically and immediately be forfeited.





Program Changes
Evolved reserves the right to vary any or all of the terms of the Loyalty Program, to amend these terms and conditions, or to terminate the Loyalty Program, at any time without notice and without further obligations to Users, including, but not limited to, modifications which: a) govern Loyalty Rewards earned on and after the date of the change; or b) change the value of already accumulated Loyalty Rewards. Notice of any such changes, amendments or termination will be provided to Users via message or email, or by being posted on the Website and will be effective immediately, unless otherwise stated in such notification.





Eligibility

Participation in the Loyalty Program is available to all registered users of the Website (each a "User" or collectively "Users") who are at least eighteen (18) years of age, including all Evolved staff, contractors and agents.





Opt-In and Have A Chance To Win $500 Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States, the District of Columbia or in Puerto Rico.



DATES OF SWEEPSTAKES Sweepstakes begins on or around 12:00am Central Time (“CT”) on July 22, 2022, and ends at 11:59 pm CT on December 31, 2022 (the “Sweepstakes Period”). . Within the Sweepstakes period there are five promotional periods, (1) 12:00am Central Time (“CT”) on July 22, 2022, and ends at 11:59 pm CT on August 31, 2022 (2) 12:00am Central Time (“CT”) on September 1, 2022, and ends at 11:59 pm CT on September 30, 2022 (3) 12:00am Central Time (“CT”) on October 1, 2022, and ends at 11:59 pm CT on October 31, 2022 (4) 12:00am Central Time (“CT”) on November 1, 2022, and ends at 11:59 pm CT on November 30, 2022 (5) 12:00am Central Time (“CT”) on December 1, 2022, and ends at 11:59 pm CT on December 31, 2022.


ELIGIBILITY Sweepstakes is open only to legal residents of the fifty (50) United States, the District of Columbia or Puerto Rico, who are eighteen (18) years of age or older as of the date of entry (the “Entrant”). Void outside of the fifty (50) United States, the District of Columbia or Puerto Rico, and where prohibited, taxed or restricted by law. Officers, directors, managers, and employees of Evolved Autosport. (the “Sponsor”), and each of its respective parents, subsidiaries, affiliates and related companies and their respective advertising and promotion agencies, consultants and agents, as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, (collectively the “Sweepstakes Entities”) are not eligible to participate. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law. Sweepstakes may only be entered in or from the fifty (50) United States, the District of Columbia or Puerto Rico, and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.


HOW TO ENTER. There are two (2) ways to enter: (i) PURCHASE: Entrants making a purchase of the sweepstakes item(s) from any of the sponsor’s websites between the Sweepstakes Period will have one (1) entry for every dollar spent and be entered in the Sweepstakes. (2) other purchase multipliers based on promotional offers during the sweepstakes period (ii) WRITE-IN: On a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly hand write your complete name, “Evolved Autosport March Modness Giveaway” and write one sentence with a minimum of 15 words explaining what mods you would make for your car if you won, mailing address, phone number, email address and date of birth and mail with proper postage to Evolved Autosport 9800 Hemingway Ave S, Cottage Grove, MN 55016. All write-in entries must be postmarked 5 business days prior to Sweepstakes Period ending date. There is a limit of one (1) write-in entry per envelope/postcard. Each envelope/postcard is considered one (1) entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win. Any suspected duplicates or entries made from someone other than the entrant will void all entries reasonably believed to be created by that person(s). Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from this Sweepstakes, and all future sweepstakes. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner must show picture identification to claim the prizes. Any potential winner will forfeit his or her prize if he or she (1) fails to respond in a timely fashion to any of Sponsor’s requests for information or signatures with respect the Sweepstakes or the Prize; (2) cannot be reached at the information provided by such an individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Sponsor); or (4) is disqualified from the Sweepstakes for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Only three (3) alternate drawings will be held, after which the Prize will remain unawarded.” Neither Sponsor nor any Sweepstakes Entity is responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor or Sweepstakes Entity.


PROVISION OF MATERIALS AND INFORMATION/INTELLECTUAL PROPERTY By entering the Sweepstakes, Entrant represents and warrants as follows (1) that it fully owns or has properly licensed whatever materials and information it submits hereunder in connection with the Sweepstakes and can make such submissions with violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy or publicity right.


DRAWING/ODDS Drawing from all eligible entries received by the Sponsor Representative. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Entities, which will be final and binding in all matters relating to the Sweepstakes.


PRIZES GRAND PRIZES: (5) 50000 Evolved Autosport rewards points with a value of $500 on applicable items


PRIZE RESTRICTIONS Limit of one (1) prize per person/household. All prizes are non-transferable or assigned and no substitutions or cash redemptions; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen prizes. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All terms and conditions apply to the use of the prizes, and are incorporated herein by reference. Each prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed. No more than the stated number of prizes set forth in these Official Rules will be awarded. Potential prize winners consent to the use of his/her name, likeness, biographical information, image, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a Publicity Release as a condition of winning a prize). Subject to applicable law, prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose.


NOTIFICATIONS/CLAIMS GRAND PRIZE: Potential Grand Prize winners will be notified by the Independent Administrator by email, and announced on social platforms. The value associated with the Grand Prize is taxable as income and the Grand Prize winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize winner and will be reported to the Grand Prize winner and the Internal Revenue Service in the form of a Form 1099. Grand Prize Shipping: Standard Shipping times as posted on WWW.EVOLVED-AUTOSPORT.COM will apply. No compensation will be provided for any prizes that are not able to be awarded to a prize winner.


CONDITIONS This Sweepstakes is conducted in English. In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and the English Abbreviation rules or other statements contained in any Sweepstakes-related materials, including, but not limited to: any entry form, survey, and the Abbreviated Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Official Rules shall prevail, govern and control. All federal, state and local taxes are the sole responsibility of the prize winners. By participating in these Sweepstakes, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Entities, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify the eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants, and prize winners release, discharge, and hold harmless the Sponsor and each and all of the Sweepstakes Entities, along with Sponsor’s employees, officers, directors, affiliates, partners, agents, and assigns from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or this Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Winning a prize constitutes permission for Sponsor and its agencies to use prize winners’ names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity, for this Sweepstakes only, without further compensation, unless prohibited by law. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award prizes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.


NO LIABILITY BY PARTICIPATING, ENTRANTS AND PRIZE WINNERS AGREE TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGE CLAIMS (INCLUDING WITHOUT LIMITATION LOST PROFITS) MADE BY ANY ENTRANT, PRIZE WINNER, OR ANY OTHER THIRD PARTIES, RELATED IN ANY WAY TO THE OPERATION OF THIS SWEEPSTAKES AS WELL AS ANY OTHER CLAIMS, DAMAGES, LIABILITY DUE TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM RECEIPT, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR PARTICIPATION IN THIS SWEEPSTAKES. SPONSOR’S ENTIRE LIABILITY WITH RESPECT TO ANY ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY ENTRANT’S RECEIPT OF PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.


DISPUTE RESOLUTION THE PARTIES HERETO ACKNOWLEDGE AND AGREE AS FOLLOWS (1) THAT ALL DISPUTES, CAUSES OF ACTION, AND CLAIMS CONNECTED TO OR ARISING IN ANY WAY HEREUNDER BETWEEN THE PARTIES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS (I.E., CLASS ACTIONS SUITS ARE HEREBY WAIVED BY THE PARTIES) AND EXCLUSIVELY BY THE STATE OR FEDERAL COURTS SITUATED IN WASHINGTON COUNTY, MINNESOTA; (2) THAT THE LAWS OF THE STATE OF MINNESOTA SHALL GOVERN, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES; AND (3) THAT THE PARTIES HERETO WAIVE ANY RIGHT TO A TRIAL BY JURY.


SPONSOR The Sponsor will be collecting, storing, and exploiting personal data about Entrants online, in accordance with its privacy policy / terms of use found at WWW.EVOLVED-AUTOSPORT.COM


WINNERS LIST To obtain the name of Grand Prize Winners email marketing@evolved-autosport.com or to obtain a full list of prize winners send a self-addressed, stamped envelope to be received by Januart 15TH, 2023 to: Evolved Autosport 9800 Hemingway Ave S, Cottage Grove, MN 55016

14. SPONSOR Evolved Autosport 9800 Hemingway Ave S, Cottage Grove, MN 55016 This Sweepstakes shall not be published without the written permission of the Sponsor





General Information and Limitations
Participation in the Loyalty Program is at all times subject to applicable law and is void where prohibited by law. Taxes may apply where required by law. Evolved assumes no liability for any User's participation that contravenes applicable laws or regulations. Your participation is subject to present and future rules, terms and conditions of the Loyalty Program as amended from time to time.


27. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Evolved Autosport (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of automotive parts and accessories. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sales@evolved-autosport.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Cottage Grove, MN before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Evolved Autosport’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Last Revised: November 12, 2019.