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Terms of Service

Introduction

These terms and conditions between you and EvolVision LLC, a Delaware limited liability company, govern your use of impactpost.net (“Website”), the ImpactPost email newsletter (“Newsletter”) and other contents.

The Website, Newsletter and other contents are referred to jointly as “ImpactPost Media”; by using the ImpactPost Media, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use ImpactPost Media.

Eligibility

You may use the ImpactPost Media only if you can form a binding contract with EvolVision LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the ImpactPost Media by anyone under 18 is strictly prohibited and in violation of this Agreement.

License to use ImpactPost Media

Unless otherwise stated, EvolVision LLC owns the intellectual property rights in the ImpactPost Media and material in the ImpactPost Media.

You must not:

  • sell, rent or sub-license material from the ImpactPost Media;
  • reproduce, duplicate, copy, or otherwise exploit material on this ImpactPost Media for a commercial purpose;
  • republish material from the ImpactPost Media (including republication on another website or app) except for as provided in Permitted Sharing below;
  • show any material from the ImpactPost Media in public except for as provided in Permitted Sharing below;
  • edit or otherwise modify any material in the ImpactPost Media; or redistribute material from the ImpactPost Media without permission from EvolVision LLC except as provided in Permitted Sharing below;
  • use a group inbox to subscribe to the Newsletter, or;

Permitted Sharing

A subscription is for one person only.

  1. Newsletters may be forwarded without limit.
  2. You may take a screenshot of partial content from the ImpactPost Media for the purpose of sharing privately or on social media, provided such publication includes attribution to ImpactPost.
  3. You may reproduce a reasonable excerpt from the ImpactPost Media for a blog post or other publication provided such publication includes attribution and link to ImpactPost.net. Such excerpt shall not exceed 50% of content in the originating ImpactPost Media.
  4. EvolVision LLC reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.

Acceptable Use

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

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the ImpactPost Media.

You must not use the ImpactPost Media for any purposes related to marketing without EvolVision LLC’s express written consent.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EvolVision LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONTRACT PARTNERS, SUPPLIERS OR LICENSORS (“LIMITED PARTIES”) 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 INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE IMPACTPOST MEDIA. UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE IMPACTPOST MEDIA. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED PARTIES 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 OUR SERVICE OR ANY INFORMATION CONTAINED IN THE IMPACTPOST MEDIA; (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; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR 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; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EVOLVISION LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACT PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EVOLVISION LLC HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIMITED PARTIES HAVE 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.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The ImpactPost Media is controlled and operated from its facilities in the United States. EvolVision LLC and its Contract Partners make no representation that the ImpactPost Media is appropriate or available for use in other locations. Those who access or use the ImpactPost Media 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.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Indemnity

You hereby indemnify EvolVision LLC along with its members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors (“Indemnified Parties”) and undertake to indemnify and hold harmless the Indemnified Parties against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties 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.