Terms & Conditions
This website is offered and made available only to users thirteen (13) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.
The information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Membership & Registration
If you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Evaro may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
Ownership of Content
This website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “material”) are owned by or licensed to Evaro and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Evaro in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. Nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of Evaro or such third party that may own the material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited. Any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. You agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate Evaro rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. You agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. You are advised that Evaro will aggressively enforce its rights to the fullest extent of the law. Evaro may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
YOU AGREE THAT EVARO AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. HOWEVER THIS LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF EVARO'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
BY ACCESSING THIS WEBSITE, YOU AGREE TO THE FOLLOWING: I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOWEVER, THE FOREGOING PROVISION SHALL NOT APPLY TO NEW JERSEY CONSUMERS.
Evaro makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Evaro. Views and opinions of users of this website do not necessarily state or reflect those of Evaro. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.
The internet may be subject to breaches of security. Evaro is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction, except if caused by Evaro's own negligence. You should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing Evaro any information. Evaro makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. This website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR EVARO'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN EVARO'S DEFENSE OF ANY CLAIM. EVARO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF EVARO. HOWEVER, THIS INDEMNIFICATION PROVISION SHALL NOT APPLY TO THE ENTENT THAT ANY CLAIM IS THE RESULT OF EVARO'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
Evaro is pleased to hear from its users and welcomes your comments regarding Evaro's services and products. Nevertheless, Evaro's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Evaro's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.
If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this paragraph, all community content shall be deemed included in the definition of submissions. None of the submissions shall be subject to any obligation of confidence on the part of Evaro, and Evaro shall not be liable for any use or disclosure of any submissions. Any submission may be used by Evaro without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Evaro shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to this website or Evaro, you represent that such submission is original with you and does not conflict with, violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to the website and/or Evaro shall be the sole property of Evaro and will not be acknowledged or returned. You agree and understand that Evaro is not obligated to use any submission you make to the website or Evaro and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Evaro is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Evaro does not place Evaro in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that Evaro has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Evaro's own employees. Many ideas or stories may be competitive with, similar or identical to your submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Evaro's use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Evaro's actual or alleged exploitation or use of any material you submit to the website and/or Evaro, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
If you link to this website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Evaro. The link to this website must not damage, dilute or tarnish the goodwill associated with any Evaro names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Evaro. You may not “frame” this website or alter its intellectual property or material in any other way. You may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Evaro in its sole discretion. Evaro reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Evaro deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.
Evaro is not responsible for the content or performance of any portion of the internet including other World Wide Websites to which this website may be linked or from which this website may be accessed. Users are requested to inform Evaro of any errors or inappropriate material found on websites to which this website is or may be linked.
This website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Evaro operates this website in the United States. Information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These terms shall be construed and enforced in accordance with the laws of the United States, State of California, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this website must be filed in California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. This ninety (90) day limitation shall not apply to New Jersey consumers. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in California for any cause of action relating to or arising under these terms or the website.
Violations and Additional Policies
Evaro will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Evaro. Evaro reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the website, or upon demand by Evaro, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. You are advised that Evaro will aggressively enforce its rights to the fullest extent of the law. Evaro, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass Evaro its representatives or any other individual in any manner related to the website.
If any provision of these terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
Ability to Accept Terms
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULE, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR EVARO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The effective date of these terms is April 23, 2017.
At Evaro, we recognize the importance of protecting the personal data of our customers (e.g. identification data, financial information such as, for instance, credit card numbers) and the information of the users of our Website. For this reason Evaro adopts specific policies and security measures to comply with applicable data protection laws and to protect your personal data.
This privacy notice discloses the privacy practices for www.evaro.it. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We may receive your personal data (mainly, your name and contact information) when you contact us for a specific reason, such has for technical assistance regarding navigation or the use of the online store. In this case, your personal data will be used by our staff in the Evaro department that is relevant to your request (especially the E-commerce and information system departments) exclusively to manage your request and may be disclosed to our service providers, if necessary to manage your request and depending on its subject.
We may contact you for the above purposes by telephone call, email, postal mail, SMS or other means as appropriate.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.