Terms & Conditions of Use

By accessing or using any of the Evidium Internet properties including, without limitation, www.evidium.com, www.evidium.ai, and any others released by Evidium from time to time (collectively referred to as the “EVIDIUM websites”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as Evidium's Privacy Policy, which are incorporated by this reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the Evidium websites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use Evidium websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use Evidium websites and Evidium Content (as defined below) for your noncommercial personal use and for no other purpose. Evidium reserves the right to bar, restrict or suspend any user’s access to Evidium websites, and/or to terminate this license at any time for any reason. Evidium reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Evidium's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), Evidium websites, any Evidium Content (as defined below), or any portion thereof. Further, you may not (i) use Evidium websites for any unauthorized or illegal purpose or activity, including but not limited to, any activity to obtain or attempt to obtain Content; (ii) interfere with the proper working of Evidium websites, including but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction, or design; or (iii) interfere with any other person’s use and enjoyment of Evidium websites.

3. Your Acceptance; Revisions to Terms of Use. Evidium websites are available only to individuals who can enter legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Evidium regarding your use and access to Evidium websites. By using Evidium websites, you agree to the Terms of Use. Evidium reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to Evidium websites. Your use of Evidium websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to Evidium websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which Evidium had actual notice on or before the date of any such revision.

4. Additional Terms and Conditions. Evidium's Privacy Policy, as well as additional terms and conditions applicable to certain portions of Evidium websites (collectively “Additional Terms and Conditions”), are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Privacy Policy. For information about Evidium's data protection practices and Evidium's use and protection of your personal information, please read Evidium's Privacy Policy, which is incorporated into and made a part of these Terms of Use.

6. User Obligations. You warrant that you will abide by all applicable local, state, national, and international laws and regulations regarding your use of Evidium websites and not interfere with the use and enjoyment of Evidium websites by other users or with Evidium's operation and management of Evidium websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Evidium websites, including, without limitation, information required to be provided through an Evidium registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Evidium reserves the right to terminate your access and use of Evidium websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Evidium websites, or defame or otherwise harm any party, including Evidium, through your use of Evidium websites.

7. User-Generated Content. Evidium does not claim ownership of content that you post on or through Evidium websites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to Evidium a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify, and create derivative works of the User-Generated Content, subject to Evidium's Privacy Policy.

8. Proprietary Rights. The content of Evidium websites includes, without limitation, (i) Evidium's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Evidium Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Evidium websites (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as “Evidium Content”). Evidium Content is the property of Evidium, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Evidium Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Evidium or the owner of such content if Evidium is not the owner. Any use of Evidium Marks without Evidium's express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in Evidium Content, including any such notices appearing on any Evidium Content you are permitted to download, transmit, display, print, or reproduce from Evidium websites.

9. Responsibility for Use of the Internet and Evidium websites. Use of the Internet and Evidium websites is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations. Evidium does not guarantee the confidentiality or security of any communication or other material transmitted to or from Evidium websites over the Internet or other communication network. Evidium shall not be obligated to correct or update Evidium websites, Evidium Content, or the User-Generated Content, and Evidium shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Evidium websites.

10. Medical Disclaimer. Evidium Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.

11. Third Party Information. Evidium websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content, or other information provided by third parties, such as content providers and other users of Evidium websites, is the responsibility of the respective third party and not of Evidium or its affiliates. Evidium does not endorse or guarantee the quality, accuracy, non-infringement, completeness, timeliness, or reliability of such third-party materials, information, services, or products.

12. Links to Third Party Websites. Evidium websites may provide links (including any link through an online banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Evidium exercises no control. The inclusion of any such third-party links (provided by Evidium or a third party) is not intended to imply endorsement of any particular company or product. If you choose to access any third-party sites linked to Evidium websites, you do so at your own risk.

13. Links to Evidium Websites and Evidium Content. Links posted by third parties to Evidium websites and/or Evidium Content should not use Evidium's trademark or logo and must not imply that Evidium endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to portions of Evidium websites are the responsibility of the linking party. Evidium reserves the right to request that any linking party remove or disable links that violate Evidium's rights or disrupt Evidium Content.

14. Disclaimer of Warranties. EVIDIUM WEBSITES AND EVIDIUM CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVIDIUM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, TRUSTEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, AND LICENSORS (COLLECTIVELY "EVIDIUM PARTIES") DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES THAT (i) EVIDIUM WEBSITES OR EVIDIUM CONTENT, OR ANY RESULTS FROM THEM, ARE COMPLETE, ACCURATE, RELIABLE, OR NON-INFRINGEMENT; (ii) ACCESS TO EVIDIUM WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) PRODUCTS, SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH EVIDIUM WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) EVIDIUM CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

15. Limitation of Liability. EVIDIUM PARTIES SHALL NOT BE LIABLE, AND DISCLAIM LIABILITY, FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM (i) THE USE OF OR INABILITY TO USE EVIDIUM WEBSITES AND/OR EVIDIUM CONTENT; (ii) ANY INTERRUPTION IN THE AVAILABILITY OF EVIDIUM WEBSITES AND/OR EVIDIUM CONTENT; (iii) LOSS OF DATA OR EQUIPMENT FAILURE; (iv) PRODUCTS, SERVICES, OR MATERIALS OBTAINED FROM EVIDIUM WEBSITES; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EVIDIUM WEBSITES; (vii) ANY DELAY OR FAILURE ARISING FROM CAUSES BEYOND EVIDIUM'S CONTROL; (viii) USE OF EVIDIUM CONTENT; (ix) THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ON EVIDIUM WEBSITES; (x) CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF PRODUCTS, SERVICES, OR MATERIALS ON THIRD PARTY WEBSITES; OR (xi) ANY OTHER MATTER RELATING TO EVIDIUM WEBSITES OR EVIDIUM CONTENT. If you are dissatisfied with or dispute these Terms of Use, Evidium websites, and/or Evidium Content, your sole right and exclusive remedy is to discontinue using Evidium websites, even if this remedy is deemed to fail its essential purpose. RecoverX has no other obligation, liability, or responsibility to you or any other party.

16. Exclusions Permitted by Law. CERTAIN JURISDICTIONS (EXCEPT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND EVIDIUM'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Evidium Parties from and against all claims arising from or related to your use of Evidium websites and/or Evidium Content, any violation by you of these Terms of Use, or any other actions related to your use of Evidium websites and/or Evidium Content, including any liability, expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees. Evidium will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any obligations under this Section except to the extent that such failure actually prejudices Evidium. This provision will not relieve you from any other liability you may have to Evidium Parties.

18. Term and Termination. These Terms of Use will take effect when you begin using Evidium websites. Evidium reserves the right, with or without notice, to deny you access to Evidium websites or terminate these Terms of Use at any time and for any reason. These Terms of Use will automatically terminate if you fail to comply with or violate them. You can terminate these Terms of Use by ceasing to use Evidium websites, but all applicable provisions will survive such termination. Upon termination, you must destroy all copies of Evidium websites, including any EVIDIUM Content, in your possession.

19. Arbitration and Venue. Any controversy or claim ("Claim") arising from or related to these Terms of Use, Evidium websites, and any products or services accessed or purchased through Evidium websites shall be resolved through arbitration administered by the American Arbitration Association under its rules for commercial dispute resolution. This arbitration will take place in San Francisco, California. The arbitration will be conducted with minimal discovery and shall be confidential. The arbitrator’s award will be final and binding. Courts in California shall have jurisdiction and venue over (a) actions concerning arbitration awards or (b) Claims arising from these Terms of Use, if arbitration is not permitted. Both parties waive the right to trial by jury. Each party waives any right to arbitration on a class or representative basis. No arbitration will be consolidated without consent of all parties.

20. Governing Law. These Terms of Use and matters regarding your use of Evidium websites shall be governed by and construed in accordance with the laws of the State of California applicable to contracts wholly performed there, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies. Printed copies of agreements in electronic form will be admissible in legal proceedings.

21. Waiver and Severability. Failure to exercise or enforce any right or provision in these Terms of Use shall not constitute waiver. If any provision is found invalid, illegal, or unenforceable, it shall be enforced to the fullest extent of the law, and all other provisions will remain in full force.

22. Complete Agreement. These Terms of Use, along with any revisions, Additional Terms and Conditions, and Click-through Agreements, constitute the entire agreement between you and Evidium regarding Evidium websites and their use by you, superseding any previous communications about their use.

23. Contact Information. For questions about these Terms of Use or Evidium websites, please email our “Contact Us” address.

24. Statute of Limitations. Any claim arising from your use of Evidium websites must be filed within one year after the claim arose.

25. Use Outside the United States. Evidium makes no claims regarding access or use of Evidium websites or Evidium Content outside the United States. If you use them outside the United States, you do so at your own risk and are responsible for compliance with local laws in addition to these Terms of Use.
    

    Revised September 2021