Terms of Use
Welcome to The-E-Valuator web site! The E-Valuator, LLC (“The E-Valuator”) is pleased to make this web site located e-valuator.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.
These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with The E-Valuator, unless otherwise directed by The E-Valuator. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.
Collection of Visitor Information on this Site
Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with The E-Valuator through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
Copyright
All content, software, and technology included on this Site or used in the operation of this Site, such as text, graphics, logos, icons, charts, data, documents, and reports, is the owned or licensed property of The E-Valuator or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of The E-Valuator and protected by U.S. and international copyright laws. The E-Valuator grants you permission to view and use content, software, and technology generally made available to visitors to the Site in connection with your own personal, noncommercial use of the Site in accordance with the guidelines, instructions, and limitations described on the Site.
Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of The E-Valuator and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of The E-Valuator. Any use of these rights without the prior written permission of The E-Valuator is strictly prohibited.
Accuracy
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, information, and other matters. The E-Valuator reserves the right, but has no obligation, to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.
Payment
You authorize The E-Valuator and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to The E-Valuator are nonrefundable.
Third Party Content
This Site may contain or provide you with access to third party content which is completely independent of The E-Valuator. The E-Valuator does not review this content and is not responsible for it. Your interactions with persons or organizations found on or through your use of this Site are solely between you and such persons or organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline dealings with any of these third parties. The E-Valuator disclaims any liability with respect to such content and dealings, and you release The E-Valuator from any liability related to such content and dealings. If there is a dispute between you and any third party relating to such content or dealings, or otherwise, you agree that The E-Valuator is under no obligation to become involved.
Disclaimer of Warranties
THIS SITE AND ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THE E-VALUATOR AND ITS CONTENT PROVIDERS, AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THE E-VALUATOR MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES AND LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases. Limitation of Liability
IN NO EVENT SHALL EITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall The E-Valuator’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).
Prohibited Activities and Visitor Obligations
As a visitor or user of this Site you shall not:
• violate any applicable law or regulation;
• upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
• Post any content that is subject to any disclosure restrictions;
• Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
• Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
• impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• engage in any activities or manipulate identifying material to misrepresent the origin of content;
• use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
• interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
• disrupt or interfere with the operation of this Site by overloading or exceeding the capacity of this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites;
• disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites
• use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without The E-Valuator’s prior, express, and written permission; or
• use this Site for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through this Site ("User Content"). In addition to the rights granted to The E-Valuator elsewhere in these Terms of Use, you hereby grant The E-Valuator the irrevocable right to copy and use User Content in connection with this Site and for the purposes related to your Post of the User Content. Although The E-Valuator has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, The E-Valuator reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to this Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to this Site and to grant the rights to The E-Valuator you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
Indemnification
You agree to indemnify, defend, and hold The E-Valuator harmless from and against and any claims, demands, damages, losses, liabilities, costs, and expenses ( including reasonable attorneys' fees) that The E-Valuator incurs or suffers which relates or arises out of any third party claim concerning your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
Links to Other Web Sites
The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. The E-Valuator does not review or monitor the web sites linked to this Site and The E-Valuator is not responsible for the content or policies of any other web sites. Any link established by The E-Valuator does not constitute an endorsement of the other web sites or create a relationship between The E-Valuator and the operators of other web sites. The E-Valuator disclaims any liability with respect to your use of any other web site, and you release The E-Valuator from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by The E-Valuator, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Changes to Terms of Use
The E-Valuator may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that The E-Valuator shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
Continued Operation, Accessibility, and Maintenance of this Site
The E-Valuator may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and The E-Valuator reserves the right to refuse service to anyone at any time, with or without cause.
Your Account
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The E-Valuator reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.
Any failure by The E-Valuator to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with The E-Valuator, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.
If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to The E-Valuator on this Site, by a Post or otherwise (collectively, "Submissions"), shall become The E-Valuator’s property; and you hereby transfer, sell, and assign to The E-Valuator all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. The E-Valuator has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. The E-Valuator shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Contact
For questions or comments related to this Site or these Terms of Use, please email The E-Valuator at info@e-valuator.com.
1460064.1
These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with The E-Valuator, unless otherwise directed by The E-Valuator. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.
Collection of Visitor Information on this Site
Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with The E-Valuator through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
Copyright
All content, software, and technology included on this Site or used in the operation of this Site, such as text, graphics, logos, icons, charts, data, documents, and reports, is the owned or licensed property of The E-Valuator or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of The E-Valuator and protected by U.S. and international copyright laws. The E-Valuator grants you permission to view and use content, software, and technology generally made available to visitors to the Site in connection with your own personal, noncommercial use of the Site in accordance with the guidelines, instructions, and limitations described on the Site.
Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of The E-Valuator and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of The E-Valuator. Any use of these rights without the prior written permission of The E-Valuator is strictly prohibited.
Accuracy
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, information, and other matters. The E-Valuator reserves the right, but has no obligation, to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.
Payment
You authorize The E-Valuator and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to The E-Valuator are nonrefundable.
Third Party Content
This Site may contain or provide you with access to third party content which is completely independent of The E-Valuator. The E-Valuator does not review this content and is not responsible for it. Your interactions with persons or organizations found on or through your use of this Site are solely between you and such persons or organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline dealings with any of these third parties. The E-Valuator disclaims any liability with respect to such content and dealings, and you release The E-Valuator from any liability related to such content and dealings. If there is a dispute between you and any third party relating to such content or dealings, or otherwise, you agree that The E-Valuator is under no obligation to become involved.
Disclaimer of Warranties
THIS SITE AND ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THE E-VALUATOR AND ITS CONTENT PROVIDERS, AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THE E-VALUATOR MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES AND LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases. Limitation of Liability
IN NO EVENT SHALL EITHER THE E-VALUATOR NOR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall The E-Valuator’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).
Prohibited Activities and Visitor Obligations
As a visitor or user of this Site you shall not:
• violate any applicable law or regulation;
• upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
• Post any content that is subject to any disclosure restrictions;
• Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
• Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
• impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• engage in any activities or manipulate identifying material to misrepresent the origin of content;
• use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
• interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
• disrupt or interfere with the operation of this Site by overloading or exceeding the capacity of this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites;
• disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites
• use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without The E-Valuator’s prior, express, and written permission; or
• use this Site for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through this Site ("User Content"). In addition to the rights granted to The E-Valuator elsewhere in these Terms of Use, you hereby grant The E-Valuator the irrevocable right to copy and use User Content in connection with this Site and for the purposes related to your Post of the User Content. Although The E-Valuator has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, The E-Valuator reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to this Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to this Site and to grant the rights to The E-Valuator you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
Indemnification
You agree to indemnify, defend, and hold The E-Valuator harmless from and against and any claims, demands, damages, losses, liabilities, costs, and expenses ( including reasonable attorneys' fees) that The E-Valuator incurs or suffers which relates or arises out of any third party claim concerning your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
Links to Other Web Sites
The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. The E-Valuator does not review or monitor the web sites linked to this Site and The E-Valuator is not responsible for the content or policies of any other web sites. Any link established by The E-Valuator does not constitute an endorsement of the other web sites or create a relationship between The E-Valuator and the operators of other web sites. The E-Valuator disclaims any liability with respect to your use of any other web site, and you release The E-Valuator from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by The E-Valuator, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Changes to Terms of Use
The E-Valuator may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that The E-Valuator shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
Continued Operation, Accessibility, and Maintenance of this Site
The E-Valuator may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and The E-Valuator reserves the right to refuse service to anyone at any time, with or without cause.
Your Account
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The E-Valuator reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.
Any failure by The E-Valuator to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with The E-Valuator, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.
If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to The E-Valuator on this Site, by a Post or otherwise (collectively, "Submissions"), shall become The E-Valuator’s property; and you hereby transfer, sell, and assign to The E-Valuator all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. The E-Valuator has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. The E-Valuator shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Contact
For questions or comments related to this Site or these Terms of Use, please email The E-Valuator at info@e-valuator.com.
1460064.1
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