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Terms of Service

Last updated: January 1, 2024

 

AGREEMENT TO OUR LEGAL TERMS

We are Noosa Labs, Inc. (“Company,” “we,” “us,” or “our”), a company registered in the State of Delaware, United States, with its registered office located at 651 N Broad St, Suite 206, Middletown, DE 19709.

We operate the website https://evalart.com (the “Site“), as well as any other related products and services that reference or link to these Legal Terms (the “Legal Terms“) (collectively, the “Services“).

You may contact us by email at evalart@evalart.com, or by mail at 382 NE 191st St, Miami, FL 33179, United States.

By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Any supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated into these Legal Terms by reference. We reserve the right, in our sole discretion, to modify or update these Legal Terms at any time. We will notify you of any changes by updating the “Last updated” date at the top of these Legal Terms. You waive any right to receive specific notice of each such change.
It is your responsibility to review these Legal Terms periodically to stay informed of updates. Your continued use of the Services after revised Legal Terms have been posted constitutes your acceptance of those changes.

The Services are intended for users who are at least 18 years of age. Individuals under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

 

 

 

TABLE OF CONTENTS

  1. OUR SERVICES
  2. DERECHOS DE PROPIEDAD INTELECTUAL
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. SUSCRIPCIONES
  7. ACTIVIDADES PROHIBIDAS
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. GESTIÓN DE SERVICIOS
  11. PRIVACY POLICY
  12. COPYRIGHT INFRINGEMENTS
  13. TERM AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. GOVERNING LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DISCLAIMER
  19. LIMITATIONS OF LIABILITY
  20. INDEMNIFICATION
  21. USER DATA
  22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  23. CALIFORNIA USERS AND RESIDENTS
  24. MISCELLANEOUS
  25. ARTIFICIAL INTELLIGENCE
  26. ANTI-HARASSMENT AND NON-DISCRIMINATION POLICY
  27. CONTACT US
  28. OUR SERVICES

 

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws, to the extent those laws apply.

 

The Services are not designed to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar regulations. Therefore, if your interactions would be subject to such laws, you may not use the Services. Additionally, you may not use the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

 

  1. DERECHOS DE PROPIEDAD INTELECTUAL

 

Our Intellectual Property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained within the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos displayed therein (the “Marks”).

Our Content and Marks are protected by copyright, trademark, and other intellectual property laws, as well as unfair competition laws and international treaties in the United States and throughout the world.

The Content and Marks are provided through the Services “AS IS” for your internal business use only.

 

 

 

 

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a limited, non-exclusive, non-transferable, and revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have lawfully obtained access,

solely for your internal business purposes.

Except as expressly provided in this section or elsewhere in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our prior written permission.

If you wish to make any use of the Services, Content, or Marks beyond what is permitted by these Legal Terms, please submit your request to evalart@evalart.com. If we grant you permission to reproduce, publish, or publicly display any part of our Services or Content, you must identify us as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or proprietary notice is included and clearly visible.

We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.

Any breach of these Intellectual Property Rights constitutes a material breach of these Legal Terms and will result in the immediate termination of your right to use the Services.

 

 

 

 

 

 

 

Your Submissions and Contributions

 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using the Services to understand the (a) rights you grant to us and (b) your obligations when submitting or posting content through the Services.

Submissions: If you voluntarily send us any questions, comments, suggestions, ideas, feedback, or other information relating to the Services (“Submissions”), you agree to assign to us all intellectual property rights associated with those Submissions. You acknowledge that we shall own such Submissions and may use and distribute them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may allow you to participate in blogs, forums, message boards, chats, and other interactive features where you may create, submit, publish, display, transmit, distribute, or otherwise make available content and materials, including but not limited to: text, writings, videos, audio ,photographs, graphics, comments, reviews, ratings, suggestions, personal information, other materials (collectively, “Contributions”). Any Submission that is publicly posted through the Services shall also be treated as a Contribution.

You acknowledge that Contributions may be visible to other users of the Services.

License Granted for Contributions:
Contribution through the Services, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part), otherwise exploit your Contributions, for any purpose, including commercial, advertising, promotional, or other lawful purposes.

This license also permits us to create derivative works from your Contributions, incorporate them into other works, and sublicense these rights. The foregoing rights apply in any media format and through any media channel, whether now known or developed in the future.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social media accounts, you:

  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission or post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission or post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contribution at any time and without prior notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.

 

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

 

  1. USER REGISTRATION

 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

  1. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

– Visa

– Mastercard

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you when necessary. Sales tax will be added to the price of purchases as we deem necessary. We may change prices at any time. All payments shall be made in local currency.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts at the time you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

 

  1. SUSCRIPCIONES

 

Billing and Renewal

 

Your subscription will continue until cancelled. Unless you cancel your subscription before the renewal date, you authorize us to automatically charge your selected payment method on a recurring basis without requiring prior approval for each recurring charge. Your billing cycle is monthly unless otherwise specified.

 

Free Trial

 

New users may be eligible for a 30-day free trial. At the end of the free trial period, your selected subscription plan will automatically begin, and your designated payment method will be charged unless you cancel before the trial expires.

 

Cancellation

 

All purchases are non-refundable, except where required by applicable law. You may cancel your subscription at any time by logging into your account. Your cancellation will become effective at the end of your current billing period.
If you have questions or are dissatisfied with the Services, please contact us at: evalart@evalart.com

 

Subscription Fee Changes

 

We may modify our subscription fees from time to time. If we do, we will notify you in accordance with applicable law before the new pricing becomes effective. Your continued use of the Services after the effective date of a price change constitutes your acceptance of the revised subscription fees.

 

  1. ACTIVIDADES PROHIBIDAS

 

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial activities except those specifically authorized or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
  • Trick, defraud, or mislead us or other users, especially in any attempt to obtain sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in violation of any applicable laws or regulations.
  • Frame or link to the Services without authorization.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, malware, corrupted files, or any other material that interferes with another user’s uninterrupted use and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the operation of the Services.
  • Use any automated means to access the Services, including scripts, bots, data mining tools, robots, spiders, crawlers, scraping tools, offline readers, or similar data gathering and extraction technologies.
  • Remove or alter any copyright notice or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person, or use another user’s username without authorization.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, web bugs, tracking pixels, cookies, spyware, passive collection mechanisms, or similar technologies.
  • Interfere with, disrupt, or create an undue burden on the Services or on the networks connected to the Services.
  • Harass, intimidate, threaten, or abuse any of our employees, representatives, or agents engaged in providing any portion of the Services.
  • Attempt to bypass any measures designed to prevent or restrict access to the Services or any portion thereof.
  • Copy or adapt the software underlying the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.
  • Except as expressly permitted by applicable law, decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any software comprising or forming part of the Services.
  • Use the Services as part of any effort to compete with us or otherwise use the Services or Content for any revenue-generating activity or commercial enterprise not expressly authorized by us.
  • Use a purchasing agent or buying service to make purchases through the Services.
  • Collect usernames or email addresses by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.

 

  1. USER GENERATED CONTRIBUTIONS

 

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material, collectively, “Contributions.” Contributions may be visible to other users of the Services and through third-party websites. As such, any Contribution you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contribution, you represent and warrant that:

  • The creation, distribution, transmission, public display or performance, and the access, download, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
  • You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable, as determined by us.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten, in the legal sense of those terms, any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
  • Your Contributions do not violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result, among other things, in the termination or suspension of your rights to use the Services.

  1. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Services, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, in whole or in part, and distribute such Contributions, including, without limitation, your image and voice, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.

This license shall apply to any form, media, or technology now known or later developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images that you provide. You waive all moral rights in your Contributions, and warrant that moral rights have not otherwise been asserted in them.

We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and expressly agree to release us from any and all liability and to refrain from taking any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise modify any Contribution; (2) to recategorize any Contribution to place it in more appropriate locations within the Services; and (3) to pre-screen or delete any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

  1. GESTIÓN DE SERVICIOS

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict access to, limit the availability of, or disable, to the extent technologically feasible, any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

  1. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: www.evalart.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to having your data transferred to and processed in the United States.

 

  1. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please note that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

 

  1. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

 

  1. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection with them.

 

  1. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

 

  1. DISPUTE RESOLUTION

 

Binding Arbitration

 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute, except those Disputes expressly excluded below, will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the applicable arbitration rules or applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kent, Delaware, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above for jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

 

Exceptions to Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above for jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.

 

  1. CORRECTIONS

 

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

  1. DISCLAIMER

 

THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use all reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

 

  1. USER DATA

 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any right or requirement under any statute, regulation, rule, ordinance, or other law in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic.

 

  1. CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

  1. MISCELLANEOUS

 

These Legal Terms and any policies or operating rules posted by us on the Services or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

 

  1. ARTIFICIAL INTELLIGENCE

 

By subscribing to or using the services of Evalart.com, subscribers and their designated users, hereinafter referred to as “test takers,” irrevocably consent to the collection and use of the information and data submitted when using our services. This includes, without limitation, responses to assessments and any additional information provided for the explicit purpose of training, refining, and improving the artificial intelligence (AI) models used in Evalart.com’s testing and assessment services. The data collected under this clause is intended solely to improve the accuracy, functionality, and user experience of our AI-based assessments. This includes efforts to improve the adaptability and efficiency of our testing services to more accurately reflect and assess users’ knowledge, skills, and abilities, ensuring fairness and efficiency in the process. Evalart.com is committed to ensuring the anonymity and privacy of all test takers. The data used in training AI models will be anonymized, with any personally identifiable information removed or concealed to prevent the possibility of tracing the data back to any individual. In compliance with the strictest data security standards, Evalart.com will implement rigorous measures to protect all collected data against unauthorized access, disclosure, alteration, or destruction. By accepting these terms, subscribers and their test takers grant Evalart.com a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such collected data, in whole or in part, and/or incorporate it into other works in any form, medium, or technology now known or later developed. This license is granted solely for the purpose of allowing Evalart.com to train, refine, and improve its AI models and related technologies, as described herein. Subscribers and test takers acknowledge that any intellectual property rights, including but not limited to copyrights, patent rights, and trade secrets, in the data used and generated for the purpose of training AI models, as well as any improvements, modifications, or refinements of the AI models and technology resulting from such use, shall remain with Evalart.com or its licensors. This clause is intended to ensure clarity and mutual understanding between Evalart.com and its users regarding the use of data to develop and improve AI technologies within the platform, promoting responsible and ethical advancement in educational and assessment technologies.

 

  1. ANTI-HARASSMENT AND NON-DISCRIMINATION POLICY

 

At Evalart.com, we believe in creating a safe and respectful virtual environment for everyone, regardless of background or identity. To make this possible, we have established a set of rules that we expect all users to follow. These rules prohibit any discriminatory, harassing, or disrespectful behavior toward individuals or groups. This includes racism, which means treating people differently based on their race or ethnicity; antisemitism, which means discriminating against people of Jewish heritage, beliefs, or practices; and harassment, which means intimidating, belittling, or harassing others. We also do not tolerate any form of discrimination based on age, sex, sexual orientation, disability, religion, or any other characteristic protected by law. This applies to all aspects of our business, including hiring, promotion, and service delivery. If you violate any of these rules, we will take appropriate disciplinary action, which may include termination of your account or legal action, depending on the circumstances. We take all reports of discrimination, harassment, or other violations of these rules seriously and will investigate them thoroughly and confidentially. We encourage everyone to report any incident they believe violates these rules, and we are committed to taking all necessary steps to ensure that Evalart.com remains a welcoming and respectful virtual environment for everyone.

 

  1. CONTACT US

To resolve a complaint regarding the Services or to receive further information about use of the Services, please contact us at:

Noosa Labs, Inc.

382 NE 191st St, Miami, FL 33179, EE.UU.

Miami, FL 33179

Estados Unidos

evalart@evelart.com