Last updated: October 19, 2017
Disclaimers THE CONTENT AND FUNCTIONALITY OF THE EVOLVER IS PROVIDED WITH THE UNDERSTANDING THAT CAPABILITY MANAGEMENT IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE EVOLVER IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPABILITY MANAGEMENT AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE APP CONTENT. CAPABILITY MANAGEMENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE EVOLVER, OR PROVIDED BY THIRD PARTIES. NEITHER CAPABILITY MANAGEMENT NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Governing Law; Jurisdiction These Terms are governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws principles and the federal laws of the USA. You irrevocably and unconditionally consent to the exclusive jurisdiction and venue of any state court situated in Albany County, New York (USA) or of any Federal court situated in the Northern District of New York. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute.
Payment, Renewal, Cancelation and Termination. There are different subscription plan that you can choose from. By selecting a subscription plan type, you agree to pay Capability Management the monthly subscription fees indicated for that plan. Payments will be charged on the day you sign up. Subscription services are provided on a continuous service basis. This means that Capability Management will automatically renew your subscription at the end of its term unless the subscription is canceled using the tool from the Account page on the Evolver cloud application site at any time prior to the end of the then-current subscription. You will be charged a renewal rate equal to the rate for the immediately preceding subscription period, based on the subscription type that you have chosen unless Capability Management has updated to a new rate. Cancelation of a subscription requested through the account page will become effective on the date that your then-current subscription period expires. A cancelation of a subscription will also delete all your data from our cloud database immediately.
Capability Management reserves the right to change the subscription fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the term of your subscription.
The older version of the mobile app, prior to version 4.6 is de-supported. The mobile (iPad ) app version 4.6.1 is the only version currently being supported. If you are using version 3 or a prior version, you can continue to use the app at your own risk. To use the new version, you must take the backup and then re-purchase the new version. After you install the new version, restore your data from the latest backup.
Service Accessibility. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions (b) periodic maintenance procedures or repairs which Capability Management may undertake from time to time, or (c) causes beyond the reasonable control of Capability Management or which are not reasonably foreseeable by Capability Management.
Indemnity You agree to indemnify and hold Capability Management and, where applicable, its parent, subsidiaries, officers, directors, agents, and employees, as well as manufacturers and distributors whose content appears in the Evolver, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of the Evolver, or any breach by you of these Terms.
General If any court of competent jurisdiction deems any provision of these Terms to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of these Terms, and the remaining provisions shall remain in full force and effect. The headings in this section of these Terms are intended solely for convenience and are not considered to be terms within these Terms. These Terms, and those expressly incorporated herein, constitute the entire agreement between Capability Management and you with regard to your access and use of the Evolver, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.