Terms & Conditions
Evolved By Nature, Inc.
Terms and Conditions
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.EVOLVEDBYNATURE.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.EVOLVEDBYNATURE.COM BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
The Company may make changes to the content and Services offered on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner, or submit any information to the Company or the Site. The Company provides content through the Site that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site.
You can simply view the Site. You need not register with the Company to simply visit and view the Site.
You are responsible for the information, opinions, messages, comments, and other content or material that you submit, through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Use racially, ethnically, or otherwise offensive language.
· Discuss or incite illegal activity.
· Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
· Post anything that exploits children or minors or that depicts cruelty to animals.
· Post any copyrighted or trademarked materials without the express permission from the owner.
· Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
· Use any robot, spider, scraper or other automated means to access the Site.
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
· Alter the opinions or comments posted by others on this Site.
· Post anything clearly false or misleading.
· Post anything unrelated to our business, products or services.
· Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. the Company reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
The Company is a trademark of the Company in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company, Copyright © 2019 Evolved By Nature, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please notify us at [email protected] and provide the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
· 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 at the Site, and information reasonably sufficient to permit the Company to locate the material.
· Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
· 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 and/or trademark owner, its agent, or the law.
· 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.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
The Company reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy of timeliness of the Materials contained on this Site. The Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other users.
THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL the Company BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF the Company KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
The Company controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
The Company prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by the Company, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Massachusetts state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in Middlesex County in the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. the Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Evolved by Nature, Inc. “Gentrue Giveaway” Official Rules:
- PROMOTION PERIOD: The “May 2021 Evolved by Nature Gentrue Giveaway” (the “Sweepstakes”) begins on or about 12:00:00 p.m. Eastern Time (“ET”) on May 20, 2021 (“Start Date”) and ends on or about 12:59:59 p.m. Pacific Time (“PT”) on May 25, 2021 (the “Promotion Period”). Participants can enter the sweepstakes during the promotion period. The sweepstakes is sponsored by Evolved by Nature, Inc. 196 Boston Ave, Suite 1100, Medford, MA 02155 (the “Sponsor”). Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
- ENTRY: No purchase necessary to participate or win. A purchase will not improve one’s chance of winning. Void where prohibited. All federal, state and local taxes apply. Entry will only be via Instagram. An individual will be deemed a Participant (“Participant”) in the sweepstakes if they have access to the internet, a valid Instagram account, and enter the sweepstakes by visiting the “Evolved by Nature” Instagram page “@evolvedbynature” at https://www.instagram.com/evolvedbynature/(“Website”). Participants will need to follow the instructions in the sweepstakes post to enter. Multiple entries per person allowed, but maximum one prize per person. All entries must be received by 12:59:59 p.m. PT on May 25, 2021. Internet entries must be made by the Entrant only through Instagram. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial sweepstakes/contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this sweepstakes. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Only one prize per person, household, email address and/or username will be allowed. All entries must be received within the time period stated by Sponsor during the Promotion’s offer to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. Sponsor is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. All entries become the property of Sponsor and will not be acknowledged or returned. By entering, entrants confirm they are 13+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.
- ELIGIBILITY: To participate, you must be a legal US resident. Employees and contractors of Evolved by Nature, Inc. and its sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.
- WINNER SELECTION:
(a) Winners will be chosen in a random drawing conducted by Sponsor.
(b) Winners will be notified by 1:59:59 PT on May 26, 2021 by a direct message via Instagram. If a winner does not respond to such notification within five (5) business days and/or with full contact details (name, valid email address) and delivery address within contiguous United States for the prize to be delivered by mail and/or does not meet the stated eligibility requirements, such winner will be disqualified and Evolved by Nature, Inc. reserves the right to randomly select an alternate winner from the remaining eligible entries received for the applicable Promotion.
- PRIZES: There will be one (a) total Prize Winner(s) (for Sweepstakes). The Prize Winner will receive one of each of the following products: Mineral Print Sports Bra, Black Rashguard, and Mineral Print Legging
- The Approximate Retail Value (“ARV”) of the Prize is $240. Prizes may not be substituted, transferred or assigned except at Sponsor’s sole discretion. Prize includes only what is specified in the prize description.
- LIMITATION ON LIABILITY: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor, Instagram, and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property, which may be sustained in connection with: (a) accessing the Sponsor’s Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes submission, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize. Prize winners bears all risk of loss or damage to his/her respective prize after it has been delivered.
- GENERAL CONDITIONS: Illegible, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any late, or misdirected entries. The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any materials related to any Promotion. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer entries or for any malfunction or technical errors occurring on any Social Media Site (Website) on which a Promotion is conducted. In the event that technical or other circumstances compromise a Promotion, Sponsor reserves the right to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation. The Released Parties are not responsible for typographical errors in the Promotion, any Social Media Site or these rules.
- MODIFICATION: In no event will Prize Supplier be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor and Prize Supplier determine, in their sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule No. 7 above, or any other causes, which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend the Sweepstakes and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a weekly winner(s) in a random drawing from among the eligible entries received up to the time of the impairment or conduct a random drawing among all legitimate prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
- CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Massachusetts. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of Massachusetts and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Any and all claims, judgments and awards in connection with a Promotion shall be limited to actual out-of-pocket costs incurred in connection with such Promotion, but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses and any and hereby waives all rights to have damages multiplied or otherwise increased.
If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at [email protected]