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Evauk Corporation Terms and Condition

 

 

1.    Introduction

 

Please read these Terms and Conditions carefully. Throughout this Agreement, we use certain words or phrases, and it is important that you understand the meaning of them.

 

These terms and conditions (“Terms", “Agreement”) govern and regulate the use of the Solo Connect app and Website (“Service”, “Platform”) provided to users ("You", "Your", “Participant”, “Signup”) by Evauk Corporation (We”, “Us”, “Our”) and or its third party partners. Violation of any of these Terms and Conditions will result in the termination of your Account and or forfeiture of any outstanding payments earned during the violation. Your use of our Service indicates that you have read, accepted and unconditionally agreed to these Terms. If you do not agree to all of the terms and conditions of this Agreement, do not use the Service.

 

2.    Changes

 

We reserve the right, at our sole discretion, to revise or replace these Terms at any time.

Revised terms and conditions will apply to the use of the Service from the date of the publication of the revised terms and conditions.  Please check this page regularly to ensure you are familiar with the current version.

 

 

3.    Acceptable Use

 

You must not use the Service in any way that causes, or may cause, damage or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

4.    User Content

 

Our Platform allows you to post, share and otherwise make available certain information, text or graphics ("Content"). You grant to Evauk Corporation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.

 

Please choose carefully the information you post using the Service. You are solely responsible for what you post on the Platform or transmit with the Service. The following is a partial list of what you are prohibited from posting. You agree that you will not submit messages or anything else that:

 

         are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;

         violate the copyright, trademark or other intellectual property rights of any other person;

         improperly assume or claim the identity, characteristics or qualifications of another person;

         are for purposes of spamming;

         contain any virus or other harmful component;

         are libelous, or an invasion of privacy or publicity rights or any other third party rights

 

Despite these prohibitions, information provided by others may contain inaccurate, misleading, inappropriate, unlawful material. Nothing in this Agreement shall require Evauk Corporation to monitor or edit the Platform for objectionable materials. If at any time Evauk Corporation chooses, in its sole discretion, to monitor or edit the Platform, Evauk Corporation nonetheless assumes no responsibility for anything submitted, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. If you become aware of misuse of the Platform, please contact hello@evauk.com

 

We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting or other data or to restrict, suspend, or terminate any user’s access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. You agree to release Evauk Corporation and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Service. If at any time you are not happy with the Platform or object to any material, your sole remedy is to cease using the Service.

 

5. Promotions

 

We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real-money bonuses or some other form of incentive), contests, or other form of Promotion, or a combination of any of these.

 

The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified the relevant Promotion will end when it is discontinued on the Platform.

 

Unless otherwise indicated each Promotion is open to Service users. We reserve the right to restrict participation in certain Promotions to users who fulfill specific selection criteria. We reserve the right, in our sole discretion, to limit the number of participants.

 

5.1 Invite-a-Friend Promotion

 

Invite-A-Friend (“Signup Promotion”) was created to reward you for sharing our Service to friends, family, business owners or professionals. It’s our way of saying “thanks” for spreading the word. This Promotion is available for a limited time only. As a promotional incentive, we are offering payments (“Cash Rewards”) to users who share our Service with a first time user (“Signup”). Once Signups are verified, you will get a Cash Reward. Please allow up to (4) weeks after Signup verification for Cash Rewards to be applied.

 

           

            5.2 Participation and Eligibility

 

You are not authorized to participate in the Signup Promotion, if you do not accept this agreement in its entirety. We reserve the right to modify, extend or cancel this Promotion at any time. Participation in the Promotion is considered acceptance of any modifications which might be made.

As a user, by signing up an individual or business owner/professional, you and the Signup are bound by this agreement.

 

         you must be 18 years or older to be part of this Promotion

         you may only participate in the Promotion with one account

         you must be a registered with a USA cell phone carrier

         offer not valid for Self-Signups

         you will be provided with a Connect Code (identification code) that must be used by the Signup in order to be eligible for the Invite-a-Friend Cash Reward promotional offer

         failure to use your Connect Code by Signup may result (in our sole discretion) in the disqualification of your Cash Reward

         you will be qualified to receive a Cash Reward upon successful account verification for Signup

         verification occurs via a one-time text message sent to the Signup’s mobile device with activation code

         VOIP lines does not qualify for account verification

         you must provide us with credit/debit card information, and other information necessary to deposit Cash Rewards to your card

         credit/debit card numbers are not stored on our servers. All transactions are processed through Stripe our payment provider

         Cash Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the participant.

         participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability

         Evauk Corporation is not obligated to, and will not, determine whether taxes apply, or calculate, collect, report or remit any taxes to any tax authority arising from cash rewards

         if you qualify for over $350 in Invite-a-Friend Cash Rewards, you must fill and submit a 1099 tax form to Evauk Corporation before any amount exceeding $350 in Invite-a-Friend Cash Rewards promotions are paid

 

Participation in the Invite-A-Friend Promotion is prohibited where void by applicable law or regulation.

 

 

6.    Business User

 

6.1  Offering Cash Rewards for Referrals

 

         businesses are not required to offer a Cash Reward for successful referrals

         definition of “successful referral” is determined by the business offering a Cash Reward. Evauk Corporation typically recommends the following criteria: A referral that results in new business being generated, a new sale occurring, the hiring of referred business, or any other event that is considered successful by the referred business

         a Cash Reward is a pledge between a business and a sender (an individual who refers the business)

         businesses are responsible for paying their own Cash Rewards

         Evauk Corporation is not responsible for fulfillment of pledged Cash Rewards to be sent by a business. We just provide a Platform (facilitate the mechanisms) for communicating and transferring payment

         business owners and professionals may want to consult with their own tax specialist regarding payments of Cash Rewards

         to protect our users, businesses sending Cash Rewards that exceed a monthly aggregate of $100 or more, require that business owner or professional to verify their identity before authorizing the payment to be sent

         the payment or sending of Cash Rewards to a third party from a business to recipient may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the participants

         participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability

         refunds of Cash Rewards are between business and recipient

 

6.2  Directory Business Listing

 

Evauk Corporation will act in accordance with the following:

 

         any information you provide in your profile may be included in our directory

         Evauk Corporation does not check or verify the businesses listed

         Evauk Corporation does not offer any guarantee on the validity of any information contained within the directory whether implied or otherwise

         Evauk Corporation reserves the right to exclude, delete, modify or otherwise alter ANY listing in our directory if we determine this is necessary

         misuse of the Directory by any business will result in removal from the list

         Evauk Corporation relinquishes all liability for the services provided by any provider listed in the Directory and full responsibility for any interaction remains with the individual.

 

Any business wishing to be listed or currently listed in our directory must be able to do the following:

 

         must act in accordance with the laws of their local, state/provincial and federal government

         must act in a manner that is in accordance with Evauk Corporation’s Terms and Conditions

 

Disclaimer

 

The inclusion of any company name in this directory should not be seen as an endorsement of that company’s products and/or services, nor it is a select list of companies that Evauk Corporation uses.

 

6.3  Advertising

 

Evauk Corporation may, without any responsibility to the user, reject, cancel or require any advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such advertisement. Evauk Corporation may refuse to publish any advertisement for any user who has not paid any sums due for any advertising in the Platform. The Advertiser will remain responsible for all outstanding charges.

 

         all advertisements are accepted on the basis that they will be paid for at the applicable rates set out at the time of publication;

         any changes to the rates will take effect immediately; however, any changes to the applicable rates will not apply to any advertisements made prior to the date of such change;

         advertisements will be randomly cycled: Evauk Corporation cannot guarantee the time, dates and/or position of advertisements;

         Evauk Corporation shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the user or any loss which could not be contemplated by Evauk Corporation and the user, and Evauk Corporation’s maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the user;

         Evauk Corporations cannot guarantee revenue from advertisements on the Platform;

         Evauk Corporation does not guarantee continuous, uninterrupted access by users of the Service, but will use reasonable efforts to provide this. In addition, Evauk Corporation will not be responsible for any failure or delay affecting performance, accuracy or usability of the Service and any advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Evauk Corporation;

         a person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms;

         nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership;

         neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other and neither party shall hold itself out as having authority to do the same;

         these Terms and the documents referred to herein replace all previous agreements between the user and Evauk Corporation, and are the entire agreement between the user and Evauk Corporation in respect of the advertisements, to the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded

 

The business user guarantees to Evauk Corporation that:

 

         content for advertisements must be provided by user;

         any information supplied in connection with the advertisement is accurate, complete, true and not misleading;

         it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;

         the advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law or regulation;

         the advertisement will not be prejudicial to the image or reputation of Evauk Corporation, the  Platform, and will not contain anything that Evauk Corporation, in good faith, considers to be offensive or otherwise inappropriate

 

7      Links to Other Web Sites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by Evauk Corporation.

 

Evauk Corporation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Evauk Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

8      Cookies

 

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Service uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of the Service may use cookies to track user traffic patterns. Evauk Corporation will not correlate this information with data about individual users, nor will it share this information or sell it to any third party. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.

 

9      No warranties

 

The Service is provided “as is” without any representations or warranties, express or implied.  Evauk Corporation makes no representations or warranties in relation to the Service or the information and materials provided on our Platform. 

 

Without prejudice to the generality of the foregoing paragraph, Evauk Corporation does not warrant that:

 

         this Service will be constantly available, or available at all; or

         the information on this Service is complete, true, accurate or non-misleading

 

Nothing in this Service constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

 

10   Exceptions

 

Nothing in this Service disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Service disclaimer will exclude or limit Evauk Corporation’s liability in respect of any:

 

         death or personal injury caused by Evauk Corporation’s negligence;

         fraud or fraudulent misrepresentation on the part of Evauk Corporation or

         matter which it would be illegal or unlawful for Evauk Corporation to exclude or limit, or to attempt or purport to exclude or limit, its liability

 

11   Reasonableness

 

By using this Service, you agree that the exclusions and limitations of liability set out in this Service  disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this Service.

 

12   Other parties

 

You accept that, as a limited liability entity, Evauk Corporation has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Evauk Corporation’s officers or employees in respect of any losses you suffer in connection with the Service.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Evauk Corporation’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Evauk Corporation.

 

13   Limitation of Liabilities and Damages

 

Evauk Corporation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Service:

 

         for any indirect, special or consequential loss; or

         for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Evauk Corporation has been expressly advised of the potential loss.

 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVAUK CORPORATION, ITS PROCESSORS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL EVAUK CORPORATION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR EVAUK CORPORATION ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL EVAUK CORPORATION BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVAUK CORPORATION, ITS PROCESSORS, THE NETWORKS, AND THE BANK (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EVAUK CORPORATION, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EVAUK CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

The Service is controlled and operated from facilities in the United States. Evauk Corporation makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

 

14   Unenforceable provisions

 

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

 

 

 

 

15   Indemnity

 

You hereby indemnify Evauk Corporation and undertake to keep Evauk Corporation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Evauk Corporation to a third party in settlement of a claim or dispute on the advice of Evauk Corporation’s legal advisers) incurred or suffered by Evauk Corporation arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

16   Breaches of these terms and conditions

 

Without prejudice to Evauk Corporation’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Evauk Corporation may take such action as we deem appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access to the Service and/or bringing court proceedings against you.

 

17   Assignment

Evauk Corporation may transfer, sub-contract or otherwise deal with [NAME'S] Evauk Corporation’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

18   Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

19   Entire agreement

 

These terms and conditions constitute the entire agreement between you and Evauk Corporation in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Services.

 

20   Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Washington State.

 

21   Contact Us

 

If you have any questions about these Terms, please contact us.

 

Evauk Corporation

hello@evauk.com