Terms & Conditions

AGREEMENT BETWEEN USER AND THE CLIENT

The Company’s service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Company’s service constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Company reserves the right to change the terms, conditions, and notices under which The Company service is offered, including but not limited to the charges associated with the use of the Evolution Dynamics USE OF COMMUNICATION SERVICES

The website provided to the client may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

4Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

5Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Evolution Dynamics has no obligation to monitor the Communication Services. However, Evolution Dynamics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Evolution Dynamics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Evolution Dynamics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, within Evolution Dynamics’ sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Evolution Dynamics does not control or endorse the content, messages or information found in any Communication Service and, therefore, Evolution Dynamics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Evolution Dynamics spokespersons, and their views do not necessarily reflect those of Evolution Dynamics. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO EVOLUTION DYNAMICS OR POSTED AT ANY EVOLUTION DYNAMICS WEB SITE

While the clients website is hosted through Evolution Dynamics, we will hold all rights to the domain name and it’s contents and or materials you provide to Evolution Dynamics or post, upload, input or submit to any Evolution Dynamics Web Site or its associated services (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you are granting Evolution Dynamics, its affiliated companies and necessary sub licensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. No compensation will be paid with respect to the use of your Submissions, as provided herein. Evolution Dynamics is under no obligation to post or use any Submissions you may provide and may remove any Submission at any time in Evolution Dynamics sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EVOLUTION DYNAMICS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVOLUTION DYNAMICS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE EVOLUTION DYNAMICS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. EVOLUTION DYNAMICS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EVOLUTION DYNAMICS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVOLUTION DYNAMICS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVOLUTION DYNAMICS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EVOLUTION DYNAMICS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EVOLUTION DYNAMICS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EVOLUTION DYNAMICS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EVOLUTION DYNAMICS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EVOLUTION DYNAMICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EVOLUTION DYNAMICS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EVOLUTION DYNAMICS WEB SITE. SERVICE CONTACT: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

TERMINATION/ACCESS RESTRICTION

Evolution Dynamics reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lee County, Florida, U.S.A. in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evolution Dynamics as a result of this agreement or use of the Evolution Dynamics Web Site. Evolution Dynamics’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Evolution Dynamics’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Evolution Dynamics Web Site or information provided to or gathered by Evolution Dynamics with respect to such use. If any part of this agreement 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Evolution Dynamics with respect to the Evolution Dynamics Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Evolution Dynamics with respect to the Evolution Dynamics Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Privacy Statement

Evolution Dynamics is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Evolution Dynamics Web site and governs data collection and usage. By using the Evolution Dynamics website, you consent to the data practices described in this statement. Collection of your Personal Information

Evolution Dynamics collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Evolution Dynamics also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by Evolution Dynamics. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Evolution Dynamics for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of the Evolution Dynamics Web site. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Evolution Dynamics public message boards, this information may be collected and used by others. Note: Evolution Dynamics does not read any of your private online communications. Evolution Dynamics encourages you to review the privacy statements of Web sites you choose to link to from Evolution Dynamics so that you can understand how those Web sites collect, use and share your information. Evolution Dynamics is not responsible for the privacy statements or other content on Web sites outside of the Evolution Dynamics and Evolution Dynamics family of Web sites. Use of your Personal Information

Evolution Dynamics collects and uses your personal information to operate the Evolution Dynamics Web site and deliver the services you have requested. Evolution Dynamics also uses your personally identifiable information to inform you of other products or services available from Evolution Dynamics and its affiliates. Evolution Dynamics may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Evolution Dynamics does not sell, rent or lease its customer lists to third parties. Evolution Dynamics may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Evolution Dynamics may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Evolution Dynamics, and they are required to maintain the confidentiality of your information. Evolution Dynamics does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Evolution Dynamics keeps track of the Web sites and pages our customers visit within Evolution Dynamics, in order to determine what Evolution Dynamics services are the most popular. This data is used to deliver customized content and advertising within Evolution Dynamics to customers whose behavior indicates that they are interested in a particular subject area. Evolution Dynamics Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Evolution Dynamics or the site; (b) protect and defend the rights or property of Evolution Dynamics; and, (c) act under exigent circumstances to protect the personal safety of users of Evolution Dynamics, or the public. Use of Cookies

The Evolution Dynamics Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Evolution Dynamics pages, or register with Evolution Dynamics site or services, a cookie helps Evolution Dynamics to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Evolution Dynamics Web site, the information you previously provided can be retrieved, so you can easily use the Evolution Dynamics features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Evolution Dynamics services or Web sites you visit. Security of your Personal Information

Evolution Dynamics secures your personal information from unauthorized access, use or disclosure. Evolution Dynamics secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Changes to this Statement

Evolution Dynamics will occasionally update this Statement of Privacy to reflect company and customer feedback. Evolution Dynamics encourages you to periodically review this Statement to be informed of how Evolution Dynamics is protecting your information. Contact Information

Evolution Dynamics welcomes your comments regarding this Statement of Privacy. If you believe that Evolution Dynamics has not adhered to this Statement, please contact Evolution Dynamics at david@Evolution Dynamicstech.com. We will use commercially reasonable efforts to promptly determine and remedy the problem. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMEN

T Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Authorization:

The Client is engaging Evolution Dynamics, as an independent contractor for the specific purpose of designing a web page, creating custom scripts and providing hosting services to be viewed on the World Wide Web to be published for the Client's business on an Internet Service Provider (ISP)/Web Presence Provider(WPP) computer. The Client also authorizes Evolution Dynamics to submit the completed Web Design Project to major Web Search Engines. Assignment of Web Design Project. Evolution Dynamics reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion. Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Evolution Dynamics for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Evolution Dynamics and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Web Site Maintenance. This agreement allows for minor web site maintenance to pages on a monthly basis, up to an average of one half (1 ½) hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. The period begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the Client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates. Completion Date:

Evolution Dynamics and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Evolution Dynamics with complete text and graphics content for this Web Design Project within 7 days of the effective date this agreement, 50% of the entire amount of the agreement shall be retained by Evolution Dynamics as liquidated damages and the contract shall become null and void, at Evolution Dynamics’s option, unless the Web Design Project is cancelled in writing by the Client prior to 14 days of the effective date of the agreement. If at any time funds are provided to Evolution Dynamics from the client for whatever reason, it is agreed that the Client is fully held to all terms and conditions of the contract, regardless if the contract is signed by the Client. Project Delivery:

The final web site design project will be published to the client’s hosting service upon receipt completion of the project. Electronic Commerce Laws:

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Evolution Dynamics and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs. Web Design Project Ownership:

Copyright and ownership of all materials, including but not limited to, the domain name, photos, content, graphics and coding, all files and it’s related items, to the website produced by Evolution Dynamics will be owned by Evolution Dynamics. The Client will be assigned rights to use the Web Design Project as a web site, after final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Evolution Dynamics and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. In the event the client decides to use another hosting service and terminate the account created with Evolution Dynamics, the domain name and all files associated to the client will be provided to the client upon payment of the prices herein described: The price for the purchased domain name will be $250. This will guarantee all rights associated to the name to be assigned to the client. The price for the files associated with the client including but not limited to all web pages and coding will be 100% of the total cost of the website as stated in the contract and proposal. The client hereby agrees that in the event the account is terminated and all information and material is provided to the client, Evolution Dynamics may continue to use the website as a reference of works done by the company to be displayed on the Evolution Dynamics website at the company’s discretion. Payments:

Payments must be made promptly based on the terms of this Web Site Design Project. Evolution Dynamics reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by Evolution Dynamics. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Lee County, Florida and any dispute will be litigated or arbitrated in Lee County, Florida, and the Client hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. Legal Notice:

Notwithstanding anything to the contrary contained in this contract, neither Evolution Dynamics nor any of its employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Evolution Dynamics be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Evolution Dynamics has been advised of the possibility of such damages.