TERMS & CONDITIONS OF SALE

Welcome to evasivdesign.com. evasivdesign.com and/or its affiliates ("EVASIV DESIGN") provide website features and other products and services to you when you visit or shop at evasivdesign.com, use EVASIV DESIGN products or services, use EVASIV DESIGN applications for mobile, or use software provided by EVASIV DESIGN in connection with any of the foregoing (collectively, "EVASIV DESIGN Services"). EVASIV DESIGN provides the EVASIV DESIGN Services subject to the following conditions. By using EVASIV DESIGN Services, you agree to these conditions. Please read them carefully.


PRIVACY

Please review our Privacy Notice, which also governs your use of EVASIV DESIGN Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use EVASIV DESIGN Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other EVASIV DESIGN Services, such as our Contact Page, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any EVASIV DESIGN Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of EVASIV DESIGN or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any EVASIV DESIGN Service is the exclusive property of EVASIV DESIGN and protected by U.S. and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, EVASIV DESIGN or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the EVASIV DESIGN Services. This license does not include any resale or commercial use of any EVASIV DESIGN Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any EVASIV DESIGN Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by EVASIV DESIGN or its licensors, suppliers, publishers, rightsholders, or other content providers. No EVASIV DESIGN Service, nor any part of any EVASIV DESIGN Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EVASIV DESIGN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EVASIV DESIGN without express written consent. You may not use any meta tags or any other "hidden text" utilizing EVASIV DESIGN\'s name or trademarks without the express written consent of EVASIV DESIGN. You may not misuse the EVASIV DESIGN Services. You may use the EVASIV DESIGN Services only as permitted by law. The licenses granted by EVASIV DESIGN terminate if you do not comply with these Conditions of Use or any Service Terms.

DISPUTES

Any dispute or claim relating in any way to your use of any EVASIV DESIGN Service, or to any products or services sold or distributed by EVASIV DESIGN or through evasivdesign.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA\'s Supplementary Procedures for Consumer-Related Disputes. The AAA\'s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA\'s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, EVASIV DESIGN will not seek attorneys\' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any EVASIV DESIGN Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EVASIV DESIGN.



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