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Evolution Robotics provides this web site located at www.evolution.com (this "Site") and related robotic development product kits and downloadable software (including any updates, enhancements or upgrades thereto) (the "Product," and collectively with the Site, the "Service") subject to your compliance with the terms and conditions set forth below ("Terms of Service"). Please read these Terms and Conditions carefully because it constitutes a legally binding contract between you and Evolution Robotics and governs your use of this Site and the Service. In an effort to comply with the Children's Online Privacy Protection Act, Evolution Robotics will not knowingly collect personally identifying information from children under the age of 13.
Evolution Robotics, Inc. is a Delaware corporation. Evolution Robotics' business address is: 130 West Union Street, Pasadena, CA 91103. You may send email to Evolution Robotics at info@evolution.com.
Evolution Robotics provides The Evolution Robotics Platform, the first commercially supported, open robotics platform. It is a behavior-based platform and allows for breakthrough robotics applications development in entertainment, education, mobility, learning, decision-making, voice interaction and personality.
Please read these Terms and Conditions (the "Terms") and our Privacy Statement carefully before using the Site or the Product. These Terms represent a legal agreement between you (either an individual or a single entity), as an end user, and Evolution Robotics. By using the Site or the Service, you agree to be bound by all of the terms and conditions stated in these Terms and to comply with our Privacy Statement. If you do not wish to be bound by the conditions of these Terms, you may not access or use the Site or the Service. Evolution Robotics may revise these Terms or the Privacy Statement at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms or Privacy Statement, as the case may be. You agree to review these Terms and the Privacy Statement periodically to be aware of such modifications and your continued access or use of the Site or the Service shall be deemed conclusive acceptance by you of the modified Terms or Privacy Statement, as the case may be. If any changes or modifications to these Terms or Privacy Statement are unacceptable to you, you should cease using the Site and/or the Service.
In order to use the Product, you are required to enter into the Evolution Robotics License and Assignment Agreement (the "License Agreement"). The License Agreement gives you limited rights to use the Product.
- Certain of the services offered on the Site are only accessible to registered members or users of the Site. If you choose to register as a user, then, in consideration of your use of the services available to registered users, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being referred to herein as the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Evolution Robotics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Evolution Robotics has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). By registering for the Site, you represent and warrant that you are at least thirteen (13) years of age and that you agree to comply with the terms and conditions of these Terms and our Privacy Statement.
- You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password, account, and other confidential information relating to your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Evolution Robotics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for any unauthorized use of your password or account or any other breach of security. Evolution Robotics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5(b).
- If Evolution Robotics terminates your use of the Site for any reason, you may not access the Site in any manner or for any reason without the express written permission of Evolution Robotics; nor will you allow any party whose use of the Site has been terminated by Evolution Robotics to use your member name to access the Site.
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- You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") posted to the Site or otherwise made available through the Site, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. To the extent possible and appropriate, information presented on the Site will be supported by clear references to source data. The content comes from sources believed to be accurate but may contain inaccuracies. Evolution Robotics will try to identify the source, date and author where possible, but makes no representation about the validity of any information presented. Evolution Robotics does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Evolution Robotics be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Site.
- You acknowledge that Evolution Robotics and its designees shall have the right (but not the obligation) in their sole discretion to refuse to store or transmit or to remove any Content that is posted to, transmitted over or otherwise available via the Site. Without limiting the foregoing, Evolution Robotics and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable.
- You acknowledge and agree that Evolution Robotics may preserve Content and also may disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates any third party rights; or (iv) protect the rights, property, or personal safety of Evolution Robotics, its users and the public.
To the extent that you elect to and our Site allows you to post any Content for inclusion in any area of the Site that is generally accessible to the public, you grant to Evolution Robotics the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Evolution Robotics may combine, in non-identifiable format, the personal information an individual provides with information from other users to create aggregate data that it may disclose to third parties. Aggregate data does not contain any information, which could be used to contact or identify any individual.
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A user's personal information may be transmitted over third party carriers and equipment outside the control of Evolution Robotics. There is always the risk of loss, misuse or alteration by third parties of personal information. Evolution Robotics assumes no liability for or relating to the entry, delay, failure, loss, interruption or corruption of any data or other information which is transmitted for any purpose.
You agree that Evolution Robotics shall have the right to use or disclose any information collected from you or provided by you incident to your use of this Site or your use of the Service as set forth in the Evolution Robotics Privacy Statement.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the services or products available on the Site or access to the Site.
Evolution Robotics reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that Evolution Robotics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service. Evolution Robotics may, in its sole discretion and at any time discontinue providing the Site or the Service, or any part of the Site or the Service, at any time without prior notice and without further obligation to you.
You understand that Evolution Robotics may permit third party product and service providers ("Third Party Vendors") to advertise or offer their products and services on this Site ("Third Party Products") or have links to their own web sites ("Linked Sites") in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is Evolution Robotics making any representation or warranty regarding any Third Party Products, nor will Evolution Robotics be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of Evolution Robotics and Evolution Robotics is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. Evolution Robotics is not responsible for webcasting or any other form of transmission received from any Linked Site. Evolution Robotics is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by Evolution Robotics of the Linked Site.
You acknowledge and agree that the Site, including without limitation, any content, services and software available through or used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Evolution Robotics or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or any content, services or software available through or used in connection with the Site, in whole or in part.
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By accessing or using this Site, you hereby and forever waive any and all claims you have now or may have in the future against Evolution Robotics relating to any infringement of the trademark rights, right of publicity or privacy, or other intellectual property rights you may have in any word or name registered as a domain name with Evolution Robotics. You hereby disclaim and waive any rights and claims you may have against Evolution Robotics with respect to Third Party Products or Linked Sites, to the maximum extent permitted by law.
YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
You specifically agree that Evolution Robotics shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service, including, but not limited to loss or liability: (i) arising in connection with your use of the Site, the Service or other service or product you purchase or obtain from Evolution Robotics (including, without limitation, software conflicts related to the Product); (ii) resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data; (iii) resulting from acts of God; (iv) resulting from the unauthorized use or misuse of your account number or password; (v) from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party; (vi) arising in connection with your infringement of a third party's right, including intellectual property rights; (vii) resulting from errors, omissions or misstatements in any and all information or services provided by Evolution Robotics to you; (viii) resulting from the development or interruption of your website; or (ix) that you may incur in connection with Evolution Robotics' processing of your application for the Service.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLUTION ROBOTICS SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF SERVICE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR OTHER VIOLATION OF RIGHTS (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED EVOLUTION ROBOTICS OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
You agree to release, indemnify, defend and hold harmless Evolution Robotics, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Site or the Service. Evolution Robotics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
THE SERVICE, THE PRODUCT AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, EVOLUTION ROBOTICS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVOLUTION ROBOTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. EVOLUTION ROBOTICS IS PROVIDING THE PRODUCT (INCLUDING ANY RELATED SOFTWARE, DOCUMENTATION AND DATA DERIVED OR DELIVERED BY THE PRODUCT) WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT -- INCLUDING RESPONSIBILITY FOR ANY DAMAGES CAUSED BY ERRORS, INACCURACIES OR OMISSIONS, COMMUNICATIONS LINE INTERRUPTION OR FAILURE, UNAUTHORIZED ACCESS, THEFT, SYSTEMS FAILURE AND OTHER OCCURRENCES BEYOND EVOLUTION ROBOTICS' CONTROL -- IS BORNE BY YOU. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE, THE PRODUCT AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
- Evolution Robotics Proprietary Information. You acknowledge that the Product and any material provided by Evolution Robotics to you in connection therewith and all information relating thereto, including but not limited to the Product codes, algorithms, data entry and report screens, and any translations, compilations, copies in whole or part and any derivative works based thereon are confidential, proprietary and trade secrets of Evolution Robotics and its affiliates or are the proprietary property of third parties for which Evolution Robotics has obtained distribution rights ("Evolution Robotics Proprietary Information"). You agree to safeguard the Evolution Robotics Proprietary Information and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You shall not, without the prior written approval of an officer of Evolution Robotics, directly or indirectly use or disclose the Evolution Robotics Proprietary Information to any person or business entity whatsoever. You shall not in any manner copy or reproduce any portion of the Evolution Robotics Proprietary Information. You shall promptly notify Evolution Robotics, in writing, of any use or disclosure of Evolution Robotics Proprietary Information in violation of this Agreement. You acknowledge that the use or disclosure of the Evolution Robotics Proprietary information in any manner inconsistent with this Agreement will cause Evolution Robotics irreparable damage. Evolution Robotics shall have the right to (i) equitable and injunctive relief to prevent such unauthorized, negligent or inadvertent use or disclosure, and (ii) recover the amount of all such damage (including attorneys' fees and expenses) to such party in connection with such use or disclosure.
- Exceptions. As used in this Agreement, the term "Evolution Robotics Proprietary Information" shall not include any information that is: (a) already known to the receiving party at the time of the disclosure for which the receiving party can provide proof that said information was already known; (b) publicly known (other than through the testing of the Product) at the time of the disclosure or that becomes publicly known through no wrongful act or failure of the receiving party; or (c) legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process, provided receiving party provides prompt notice of any such subpoena, order, etc. to the other party hereto in order that such party have the opportunity to obtain a protective order.
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Unless otherwise specified, all materials and services in this Site are presented solely for the use in the United States, its territories, possessions and protectorates. Evolution Robotics controls and operates this Site from its offices within the State of California, U.S.A. and all transactions conducted on the Site are conducted in the State of California. Evolution Robotics makes no representation that materials in this Site are appropriate or available for use in other locations. Those users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Evolution Robotics.
Notices to you may be made via voice messages, email or regular mail.
You acknowledge and agree that Evolution Robotics and other Evolution Robotics logos, products and service names are trademarks of Evolution Robotics ("Evolution Robotics Marks") and you agree that you will not display or use the Evolution Robotics Marks in any manner, without the express written permission of Evolution Robotics.
If you believe that the Site contains material that constitutes an infringement of your copyright in any work, please provide the following information to our site manager:
- a description of the copyrighted work that you claim is infringed;
- a description of where, the Site you claim that the copyright is infringed;
- a statement by that that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- your address, telephone number and email address;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
The Evolution Robotics site manager can be reached at webmaster@evolution.com.
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- No Relationship Created. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evolution Robotics as a result of the Terms of Service or your use of the Service.
- Compliance with Laws. Evolution Robotics' performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of Evolution Robotics' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Evolution Robotics with respect to such use.
- Severability. If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- Electronic Form. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Governing Law; Jurisdiction. The Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce the Terms of Service or in connection with any matters related to this Site only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the jurisdiction of said courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation this paragraph.
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