WEBSITE EVOLUTION LLC

Terms of Use

Welcome to webev.com, (known hereafter as “Website”).  These Terms of Use (known hereafter as “Terms of Use”), govern the use of this Website provided by Website Evolution LLC, (hereafter known as either “Website Evolution LLC,” “we,” “us,” or “our”).  As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Website.

Scope of These Terms of Use

This Website includes areas that are open to all visitors, as well as private areas which may be accessed only by Website Evolution LLC “account owners” and other authorized users.  These Terms of Use apply to both the public and the private areas of this Website.

Your Consent

PLEASE REVIEW THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS AND AGREE TO BE ABIDE BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU DO NOT HAVE PERMISSION TO USE THIS WEBSITE AND ARE CONSIDERED TO BE TRESPASSING IF YOU THEN ENTER OR USE THE WEBSITE.

Changes to These Terms of Use

As we add new features and functionality to this Website, we may need to update or revise these Terms of Use.  We therefore reserve the right to update or revise these Terms of Use at any time and without prior notice, by posting the revised version on the Website.  These changes will be effective as of the date we post them.  Your use of this Website following any such change constitutes Your acceptance and consent to abide by the new Terms of Use.  As you can see, it is important for you to return to this page and review these Terms of Use regularly.  That is Your responsibility.

If we modify these Terms of Use, we will provide a notice at the top of this page for at least 30 days after the new effective date.  In addition, for at least 30 days after the new effective date, we will post a notice on the Account Summary page of known authorized users to alert them.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Website.  For Your convenience, we will post the effective date of the Terms of Use next to the link, so that You can see at a glance whether our Terms of Use have changed since Your last visit.

These Terms of Use were last updated on September 20, 2019.

Agreements Governing Your Use of Password-Protected Areas of This Website

When You register to use this Website including any password-protected area of this Website, You will be asked to agree (by checking a box or clicking on a button) to special terms governing Your use of the password-protected area.  This type of agreement is referred to as a “Click-Through Agreement.”  If any of the terms of the Click-Through Agreement are different than the terms of these Terms of Use, the terms of the Click-Through Agreement will supplement or amend the Terms of Use in this agreement, but only with respect to the matters governed by the Click-Through Agreement.

Your Statements

We welcome Your comments, feedback, suggestions, and all other communications regarding this Website and the information and services we make available through this Website (herein after known as “Statements”).  The Statements You provide to us through this Website will be and remain our exclusive property.  Your submission of Statements will constitute an assignment to us of all worldwide rights, title and interests in Your Statements, including all copyrights and other intellectual property rights in Your Statements.  We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Statements You submit for any purpose whatsoever, without restriction and without compensating You in any way.  For this reason, we ask that You not send us any Statements that You do not wish to assign to us.

Our Online Privacy Policy

Our Online Privacy Policy describes how we protect Your privacy when You use this Website.  To review our Online Privacy Policy, click here.  Our Online Privacy Policy is part of these Terms of Use.

Ownership of Website(s) and Content

Except as expressly set forth in the Terms and Conditions governing use of any Services by authorized users, all rights, title and interests in this Website and any Websites we own or operate, including all of the software and code that comprise and operate on or in such websites, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through these Websites (collectively known as, “Content”), are owned by Website Evolution LLC or by third parties who have licensed or provided their Content to us.  

You may not and You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Website except as expressly provided in these Terms of Use without our prior written permission.  Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Website or its Content to You or anyone else, except the limited license to use this Website and its Content on the terms expressly set forth herein.

Third-Party Content

Some of the information, articles and other materials available through this Website are provided to Website Evolution LLC by third parties.  Wherever practical, the source of these third-party materials is identified.  These third-party materials are provided for Your interest and convenience only.  Website Evolution LLC does not endorse these materials or the vendors who supply them to us, nor does Website Evolution LLC warrant or represent that these materials are current, accurate, complete, reliable or the property of such third-parties.

Trademarks

The trademarks and service marks used or displayed on this Website (“Trademarks”) are registered and unregistered trademarks of Website Evolution LLC, its affiliates, or third parties. You may not use any Trademarks displayed on this Website without the prior express written permission of Website Evolution LLC or the trademark owner.

This Website is protected under a number of trademark, service mark, word marks, device marks, well-known marks, sound marks, shape marks, certification marks, collective marks, copyright, patent, trade secret and other intellectual property laws.  In addition, the entire Content of this Website is a collective work under U.S. and international copyright laws and treaties.

Links to Third-Party Websites

This Website may contain links to other websites owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others).  We are not responsible for examining or evaluating such links or content those links connect to; and, we do not warrant the products or offerings of any of these businesses or individuals, or the accuracy of the content of their websites.  We do not assume any responsibility or liability for the actions, product, and content of any such websites.  Before You use any third-party website, You should review the applicable terms of use and policies for such websites.  The inclusion of a link in this Website does not imply our endorsement of such third-party websites.  If You decide to access any such linked websites, You do so at Your own risk.

Links to Other Website Evolution LLC Websites

This Website may contain links to other websites owned by Website Evolution LLC or our affiliates.  Different websites are used for different purposes and therefore may have different terms of use and privacy policies.  The Terms of Use (and the Online Privacy Policy referenced above) presented in this document, apply only to webev.com.  Before You use any other website, You should review the applicable terms of use and policies for that website.

Disclaimer of Warranties

Your use of this Website and all of the content, products and services made available through this Website, is at your sole risk.  This Website, and all of the content, products and services made available through this Website, are provided on an “As Is” and “As Available” basis, without representations or warranties of any kind whatsoever.  To the fullest extent permitted by law, WEBSITE EVOLUTION LLC, its affiliates and our respective directors, officers, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether expressed, implied, or statutory, with respect to this Website, or any content, products and/or services made available through this Website, as well as your use of this Website; or any Websites to which this Website is linked.

Without limiting the foregoing, Website Evolution LLC, its affiliates and our respective directors, officers, employees, agents, licensors and service providers disclaim all representations and warranties regarding the merchantability, fitness for any particular purpose, title or infringement arising from any use or performance regarding (a) the security of this Website or our systems; or (b) that the content is accurate, complete, current, relevant or reliable; or (c), that your use of this Website will be uninterrupted or error-free.

Some jurisdictions do not allow the limitation of certain warranties, so some of these disclaimers may not apply to you.

Limitation of Liability

Under no circumstances, shall WEBSITE EVOLUTION LLC, its affiliates, or their respective, officers, directors, employees, agents, licensors and service providers, be liable to YOU or any third party for any indirect, incidental, special, exemplary or consequential losses or damages, to include but not limited to: loss of profits, revenues, savings, data or goodwill, arising out of or in connection with the use of or inability to use this Website, or in connection with the content, products or services made available through this or any of our Websites.

IN NO EVENT SHALL WEBSITE EVOLUTION LLC, ITS AFFILIATES OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, AGGREGATE LIABILITY HEREUNDER TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE,  TO EXCEED THE AMOUNT OF ONE DOLLAR ($1.00) USD.

Each of the foregoing limitations of liability apply to the fullest extent permitted by law, whether the alleged liability is based on contract, negligence or other tort, strict liability or any other basis; even if an authorized representative of WEBSITE EVOLUTION LLC or one of its affiliates, licensors or service providers has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.

Some jurisdictions do not allow the exclusion of liability for certain types of damages.  Accordingly, some of the foregoing limitations of liability may not apply to you.

Modification and Discontinuation

We reserve the right to discontinue or modify this Website at any time without prior notice.

Interpretation

As used in these Terms of Use, the term “including” when used solely, means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided herein shall not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms of Use shall be heard exclusively in a state or federal court nearest to Dakota County, Minnesota.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use, as supplemented or amended by any applicable Privacy Notices or click-through agreement, contain the entire understanding and agreement between You and Us with respect to this Website and any other Websites we may own or operate, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and Us with respect thereto.

Questions about these Terms of Use

If You have any questions regarding these Terms of Use, please

• Send an e-mail to privacy@webev.com
• Write to us at:
  Website Terms of Use Inquiries
  Website Evolution LLC
  3432 Denmark Avenue, Suite 201
  Eagan, MN  55123