1. Agreement to these Terms
These Terms of Service (the "Terms") are a legally binding agreement between you and EVECS, LLC ("evecs," "we," "us," or "our") governing your access to and use of our websites (including www.evecs.com and related subdomains such as staff.evecs.com), contact forms, hosted tools, and related online materials (collectively, the "Services").
If you use the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity, and "you" includes that entity. If you do not agree to these Terms, do not use the Services.
Our Privacy Policy describes how we collect and process personal information. It is incorporated by reference into these Terms. In the event of a conflict about privacy practices, the Privacy Policy controls for privacy matters; these Terms control for use of the Services, commercial terms, and liability allocation.
We may enter into a separate written agreement with you for consulting or other professional services (for example, a statement of work, proposal acceptance, or master services agreement). If so, that agreement controls for that engagement to the extent of any express conflict with these Terms.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. The Services are intended for business and professional use and are not directed to children. You may not use the Services if you are barred under applicable law or if we have previously restricted your access.
3. The Services
evecs operates informational marketing websites and related online tools about our consulting practice. Content on the Services is for general information only. It does not create a client relationship by itself, and it is not a substitute for advice tailored to your specific situation.
We may modify, add, or remove pages, tools, or features at any time. We do not guarantee that any particular content or tool will remain available indefinitely. Unless a separate written service-level agreement applies, the Services are provided without uptime or availability guarantees and may experience downtime for maintenance, outages, infrastructure provider issues, or events beyond our reasonable control.
We may suspend or restrict access to the Services (including contact forms or tools) if we believe use violates these Terms, creates security or legal risk, or involves abuse.
4. Consulting engagements
Submitting a contact form, downloading materials, or browsing the site does not obligate either party to enter a consulting engagement. Any paid consulting, advisory, or related professional work is governed by a separate written agreement between you and EVECS, LLC (or an affiliate we designate), including scope, fees, timelines, deliverables, and confidentiality terms.
Unless that separate agreement says otherwise, nothing on the Services promises specific results, fixed timelines, or ongoing support beyond what we expressly agree in writing.
5. Acceptable use
You agree not to misuse the Services. Without limitation, you must not:
- Use the Services for any unlawful purpose, or submit false, misleading, or fraudulent information
- Attempt to gain unauthorized access to our systems, accounts, or data, or interfere with the operation or security of the Services
- Probe, scan, or test the vulnerability of the Services except with our prior written permission
- Use automated means (bots, scrapers, or similar) to access or extract content from the Services in a way that overloads, harms, or circumvents access controls, except for ordinary search-engine indexing
- Transmit malware, spam, or other harmful or unsolicited content through our contact forms or other channels
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Copy, redistribute, or commercially exploit our content except as expressly permitted in Section 6 or with our prior written consent
We may investigate suspected violations and take action we believe is reasonably necessary, including removing content you submit, blocking access, and reporting matters to law enforcement or other authorities.
6. Intellectual property
The Services, including text, graphics, logos, design, software, and other materials we provide, are owned by EVECS, LLC or our licensors and are protected by intellectual property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business evaluation and lawful personal or professional use, subject to these Terms.
You may not reproduce, modify, distribute, publicly display, or create derivative works from our materials except as allowed by law (for example, fair use) or with our prior written permission. All trademarks, service marks, and trade names displayed on the Services are property of their respective owners.
If you send us feedback, ideas, or suggestions about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without obligation or compensation to you.
Materials you submit through a contact form or share during an engagement remain yours, subject to any license or ownership terms in a separate written agreement and the limited rights we need to respond, operate the Services, and perform agreed work.
7. Third-party services
The Services may link to or rely on third-party websites, tools, and infrastructure (including Cloudflare for hosting, security, analytics, and email delivery, and Stripe for payments). Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party content, availability, or practices, except to the extent required by law.
8. Payments and Stripe
If you purchase services or pay invoices through online checkout, payment processing is handled by Stripe, Inc. and its affiliates ("Stripe"). When you pay, you may interact directly with Stripe's hosted payment pages. Stripe processes payment information under its own terms and Privacy Policy. We receive limited payment metadata needed for billing, accounting, and fraud prevention. We do not store full payment card numbers on evecs systems when Checkout is handled by Stripe.
Fees, refunds, and payment schedules for consulting work are set out in the applicable written agreement or invoice. Unless that agreement says otherwise, fees are non-refundable once work has begun, except as required by law.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVECS, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT CONTENT ON THE SERVICES IS COMPLETE, CURRENT, OR SUITABLE FOR YOUR PARTICULAR PURPOSE; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. INFORMATIONAL CONTENT ON THE SITE IS NOT PROFESSIONAL ADVICE FOR YOUR SPECIFIC CIRCUMSTANCES UNLESS WE EXPRESSLY AGREE OTHERWISE IN A SEPARATE WRITTEN ENGAGEMENT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVECS, LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION; OR FOR THE COST OF SUBSTITUTE SERVICES; ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL HAVE NO LIABILITY FOR: (A) RELIANCE ON INFORMATIONAL CONTENT ON THE SERVICES; (B) OUTAGES OR FAILURES OF CLOUDFLARE, STRIPE, OR OTHER THIRD-PARTY PROVIDERS; (C) UNAUTHORIZED ACCESS RESULTING FROM YOUR FAILURE TO SECURE YOUR OWN SYSTEMS OR CREDENTIALS; OR (D) ACTIONS OR OMISSIONS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS YOU PAID TO EVECS, LLC FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). IF YOU HAVE NOT HAD ANY PAID OBLIGATIONS IN THAT PERIOD, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED US $50.
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD, WHERE SUCH LIMITATION IS PROHIBITED). Separate written consulting agreements may set different liability terms for that engagement; those terms control for that engagement to the extent of any express conflict.
11. Indemnification
You will defend, indemnify, and hold harmless EVECS, LLC and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms or law; (b) content or materials you submit through the Services; or (c) your breach of these Terms. We may assume exclusive defense of any matter subject to indemnification at your expense; you will cooperate fully.
12. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last modified" date and may provide additional notice for material changes (for example, a notice on our website). Except where applicable law requires otherwise, changes become effective when posted. If you continue to use the Services after changes are posted, you accept the updated Terms. If you do not agree, you must stop using the Services.
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, excluding its conflict-of-laws rules. Subject to any mandatory consumer protections that cannot be waived, the exclusive venue for disputes arising out of or relating to these Terms or the Services will be the state or federal courts located in Volusia County, Florida (or the federal district court with jurisdiction over that county), and you and EVECS, LLC consent to personal jurisdiction there.
Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting info@evecs.com with a brief description of the dispute. If we cannot resolve it within thirty (30) days, either party may proceed with formal dispute resolution.
Injunctive relief. Nothing in these Terms limits either party's right to seek temporary or injunctive relief for intellectual property infringement, misuse of confidential information, unauthorized access to the Services, or ongoing abuse.
Class action waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND EVECS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
If you are a consumer in a jurisdiction that prohibits certain venue or waiver provisions, those provisions apply only to the maximum extent allowed.
14. General provisions
- Entire agreement. These Terms, the Privacy Policy, and any applicable written engagement agreement constitute the entire agreement between you and EVECS, LLC regarding the Services and supersede prior or contemporaneous agreements on that subject (except that a separate written consulting agreement controls for that engagement as described above).
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets of EVECS, LLC (including a sale of all or substantially all assets), or to an affiliate. These Terms bind permitted successors and assigns.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
- Waiver. Failure to enforce a provision is not a waiver of the right to do so later.
- Export and sanctions. You must comply with U.S. and other applicable export control and sanctions laws. You may not use the Services if you are on a prohibited party list or located in a comprehensively embargoed jurisdiction, except as authorized by law.
- Force majeure. We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, utilities failures, internet disturbances, Cloudflare or other provider outages, or acts of government.
- Notices. We may provide notices by email, by posting on our website, or by other reasonable means. Notices to us must be sent to info@evecs.com and, for legal process, to our mailing address below (or as otherwise we designate).
- Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, agency, or client relationship solely by virtue of website use.
- Headings. Headings are for convenience only and do not affect interpretation.
- Language. These Terms are in English. Any translation is for convenience; the English version controls if there is a conflict.
- No third-party beneficiaries. Except as expressly stated for indemnified parties, these Terms do not create rights for any third party.
15. Contact
Questions about these Terms: