Terms & Conditions

TERMS & CONDITIONS OF USE
AND PRIVACY POLICY

e-VOLVE, LLC (collectively "us" or "we"), is the operator and host of the website (the "Site"). This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Site and our privacy policy (the "Policy"). The Terms and Conditions and Policy apply only to this Site and do not apply to websites that are linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the home pages of such websites. The Terms and Conditions and Policy are subject to change at any time by us by posting them on the Site. It is your obligation to review the Terms and Conditions and Policy from time to time. Any changes to the Terms and Conditions or Policy will be effective immediately upon posting to the Site.

Your use of the Site indicates your acceptance of these Terms and Conditions and the Policy. If you do not accept these Terms and Conditions or the Policy, you may not use the Site. Your continued use of the Site will constitute your agreement to the most current version of these Terms and Conditions and the Policy. If at any time you do not agree to these Terms and Conditions or the Policy, you must cease your use of this Site. If after reviewing the Terms and Conditions and Policy you have any questions or concerns regarding the contents thereof, please contact us by sending an email to or by calling .

To access the Terms and Conditions click here. To access the Policy click here.

TERMS & CONDITIONS OF USE

These Terms and Conditions govern your use of the Site and the information and services made available on and through the Site.

I. TERMINATION OF ACCESS

The use of this Site and its services is a privilege. We reserve the right to suspend your use of this Site for any reason at any time, in our sole discretion.

II. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

"Content" includes all Text, Graphics, Design and Programming used on the Site.

"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.

"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

"Design" includes the color combinations and the page layout of the Site.

"Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Site.

"User" refers to any individual who uses any aspect of the Site or its services.

"You" refers to the person accessing the Site and agreeing to these Terms and Conditions.

III. INTELLECTUAL PROPERTY RIGHTS

All Contents on the Site is the sole property of ("") or its respective owners, as indicated, and is protected by U.S. copyright and international treaties. authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics.

The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks ("Marks") are the property of or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.

IV. ACCEPTABLE USE OF THE SITE

The Site and its services are intended to facilitate the offering for sale of clothing and products of third parties. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Site is also subject to the following restrictions:

a. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;

b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions.

c. You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.

V. LIMITATIONS ON INFORMATION SUBMITTED

Any submission of information to us through the Site is subject to the following guidelines and restrictions:

a. It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact our Sales department);

b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);

c. It may not contain trade secrets (unless you own them or have the owner's permission to post them);

d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;

e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;

f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;

g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;

h. You may not solicit money, investments or make any offering of securities or investments;

i. You may not submit chain letters or pyramid schemes;

j. You may not submit opinions or notices, commercial or otherwise;

VI. MONITORING OF INFORMATION

We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to the Site for any reason whatsoever.

VII. RIGHTS TO INFORMATION

User hereby grants to us an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you, subject to our Privacy Policy.

VIII. SECURITY RULES

To ensure the security of the Site and of Users, the following security rules govern your use:

a. Protect Your Password

You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.

b. Prohibited Uses:

(i) Accessing data not intended for you or logging into a server or account which the you are not authorized to access;

(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing";

(iv) Sending unsolicited e-mail, including promotions and/or advertising of products or services;

(v) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We 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.

IX. TERMINATION OF ACCESS TO THE SITE

Users who violate these Terms and Conditions may be denied access to the Site at our sole discretion.

X. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:

a. Conduct of Users

We assume no responsibility for the activities or conduct of Users.

b. Third Party Information

The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk. We do not warranty any products purchased through the Site or purchased in reliance on information obtained from the Site. Warranties on purchased products, if any, are provided by the product's manufacturer.

c. Accuracy of Information

We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.

d. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

e. Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.

PRIVACY POLICY

We are committed to protecting your privacy and the security of all data on the Site. To demonstrate this commitment, we have adopted this Policy. This Policy is based on the principles of notice/awareness, choice/consent, access/participation and integrity/security in the collection and use of all information regarding our users and their activities on the Site.

I. NOTICE OF OUR POLICY

This Policy notifies you of, among other things: (i) what information we gather from you, (ii) how we may use or disclose that information, (iii) with whom the information may be shared, (iv) what choices are available to you regarding collection, use and distribution of the information, (v) our efforts to protect the information, and (vi) how you can correct any inaccuracies in the information you provide to us.

II. WHAT TYPES OF INFORMATION ARE COLLECTED AND WHY

a. Information submitted by you

At times, we may ask you to provide information about yourself in order to better serve you. For example, some of the information collected may include name, title, address, phone number, email address, and personal information concerning your interests, occupation, gender and other demographic information. We do not require this information to obtain access to any area of our Site, however, you are required to create a new account or login as a registered user prior to ordering any products on our Site. If you wish to correct or remove your account information please follow the procedures set forth below in the section titled "Can I Update or Remove My Account Information?"

b. Information collected by Cookies

We also make use of website "cookies" to help you use our services more easily and to help us continuously improve our Site and our service to you. A "cookie" is a small data file that a website can send to your browser, which may then be stored on your computer to help our Site "remember" information about you to make it easier and more efficient to use our Site. Our Site employs session cookies. A session cookie does not remain on your computer after you close your web browser window. Our session cookies contain none of your personal information and cannot be used to track you around the internet. Our session cookies can only be used by this Site and they only exist for the duration of your visit. Depending on the settings in your browser, you may have the option to deny the session cookie; however, doing so may negatively impact upon the performance of the Site or restrict us in better serving your needs and interests. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

c. Policy on Information from Persons under the Age of 18

We do not seek to collect personally identifiable information from persons under the age of 18. If you are under the age of 18, please do not submit any personally identifiable information to us. If you are the parent or guardian of a person under the age of 18 who has provided personally identifiable information to us, please inform us by contacting us at the email address or telephone number listed above and we will remove such information from our database. If you are concerned about your children's use of the Site, you may use web filtering technology to supervise or limit access to the Site.

III. HOW IS MY INFORMATION USED?

a. User Identification

We may retain this information on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.

b. Contacting You Concerning Promotions and New Products

We may request you to "opt-in" to receive certain communications from the Site. We will not send unsolicited messages to you concerning promotions or new products or other marketing material unless you have opted-in. If, after you have opted-in, you no longer wish to receive such communications from us please follow the procedures set forth below in the section titled "How Can I "Opt-out" of Receiving e-mail Communications." Please note that your request to stop receiving these communications may not prevent us from sending such messages that were generated prior to the time we were able to process your request.

c. Use of Your Information

At times, we may request you to provide personally identifiable information to identify you as a user of the Site and to assist and speed the completion of transactions on the Site. We may also use information collected about your preferences and activities at the Site, such as the particular pages you request at the Site and purchases or other transactions you effect through the Site. We may vary the content you receive in future visits to the Site based on your preferences and activities.

d. Disclosure of Your Information

We will not disclose your personally identifiable information to any persons or entities outside of our company, nor lease, license, sublicense, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:

(i) You have been given an opportunity to "opt-in" and have agreed to so opt-in to such disclosure of your information;

(ii) We must share your information in order to provide a product or service that you have ordered or requested, in which case we will require that any third person or entity we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request; or

(iii) We are required to respond to subpoena, court orders or other requirement of law which requires disclosure of your information.

e. Disclosure of Aggregate Information

We may combine your personally identifying information and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through the Site in a particular geographic region or to track purchasing trends. Such information, and other information we derive from individual users' information, allows us to continue to grow and provide you with quality information through more accurate marketing and advertising of the Site. We may share aggregated information concerning our users, without attribution of personal information, to other companies with whom we conduct business.

f. Can I Update or Remove My Account Information?

After you have registered for membership on the Site, you may review, revise or request the removal of your account information at any time. There are three ways in which you can review, revise or request the removal of your account information at any time: (i) access the "My Account" section of the Site and proceed as prompted; (ii) send an email to ; or (iii) telephone us at .

IV. WHAT WE DO TO KEEP THIS SITE SECURE

a. Security

We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. Any information you enter on our accounts setup page is encrypted before transmission to our server by using 128-bit Secure Sockets Layer encryption software. You can safely enter your credit card and personal registration information and it cannot be read in transit to our server. We also employ many security procedures to protect your information from unauthorized access by users inside and outside the company.

Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

What You Can Do To Protect Your Information?

(i) Use only secure websites when disclosing your information. Secure pages begin with "https".

(ii) Avoid using easy to figure out access and personal ID (PIN) codes.

(iii) Never respond to unsolicited requests for your social security number or financial information.

(iv) Do not disclose your passwords to the Site or your account information to any other person.

(v) Be sure to sign off when finished using a shared computer.

b. Hypertext Links

Our Site may contain "links" to other websites, and we cannot and are not responsible for maintaining your privacy once you leave our Site. We attempt to only link to websites that share our high standards and respect for privacy. If you provide any information to parties who operate websites that are linked to or from this Site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review other websites' policies before revealing any sensitive or personal information. Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site.

GENERAL

I. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.

II. MISCELLANEOUS

The Terms and Conditions and Policy are governed by the internal substantive laws of the State of New York in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of the Terms and Conditions or Policy shall lie exclusively with the state and federal courts within the State of New York. If any provision of the Terms and Conditions or Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Our failure to enforce any term or condition of the Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.

 

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