Terms and Conditions

Agreement

Our site is comprised of various web pages operated by EVO Controllers LLC. evolutioncontrollers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Evolution Controllers is an online store offering electronic products to its users. Your use of this site constitutes your agreement to all such Terms.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Evolution Controllers is not responsible for third party access to your account that results from theft or misappropriation of your account. Evolution Controllers and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Products and Pricing

All the products and info on this site and are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Evolution Controllers will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product.

Warranty 

Evolution Controllers warrants to the original purchaser that the product shall be free from defects in materials, workmanship, and the manufacturing process for one (1) year from the date of purchase. This policy does not cover any issues resulting from normal wear and tear, breakage due to abuse, improper usage, accidents, modification, unauthorized repair, or water damage.

All products are also covered by local warranty regulations. Please check with your local distributor, retailer, or government to verify warranty policies pertinent to you.

In order to create a claim for a Return Merchandise Authorization (RMA), the end user must have a valid proof of purchase, which includes:

  • A copy of a sales receipt or e-mail confirmation with clearly visible purchase date, purchase price, and product identification – either directly from Evolution Controllers, or an authorized reseller of Evolution Controller products.

The following do not apply as a valid proof of purchase: (i) a UPC or serial number from the box or product; (ii) an image of the product (proof of possession); or (iii) a credit card statement with a generic purchase from a retailer.

Upon Evolution Controllers receipt of a defective product, the resolution options at Evolution Controllers sole discretion for the original purchaser include**:

  1. Replacement of the product with a new or refurbished equivalent of the original item.

  2. Replacement of defective parts only with new or refurbished parts

** Replaced items will remain under warranty 30 days after the exchange, or until the end of the normal limited warranty period (whichever is longer).

Electronic Communications

Visiting Evolutioncontrollers.com or sending emails to Evolution Controllers constitutes 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, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use this site strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to Evolution Controllers that you will not use the site for any purpose that is unlawful or prohibited by these terms. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Evolution Controllers and  protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Evolution Controllers content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Evolution Controllers and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Evolution Controllers or our licensors except as expressly authorized by these Terms.

International Users / Shipping

The Service is controlled, operated and administered by Evolution Controllers from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Evolution Controllers Content accessed through www.evolutioncontrollers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.    Items in your order that are designated for shipment to countries outside of the U.S. may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.

Indemnification

You agree to indemnify, defend and hold harmless Evolution Controllers, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Evolution Controllers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Evolution Controllers in asserting any available defenses. Evolution Controllers does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this site only with permission of a parent or guardian

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Evolution Controllers may make improvements and/or changes in the site at any time. The contents of this site are provided “as is” and without any other warranties of any kind, either express or implied.

Evolution Controllers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Evolution Controllers and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Evolution Controllers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Evolution Controllers or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Access Restriction

Evolution Controllers reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evolution Controllers as a result of this agreement or use of the Site. Evolution Controllers performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Evolution Controllers right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Evolution Controllers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Evolution Controllers with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Evolution Controllers with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Evolution Controllers reserves the right, in its sole discretion, to change the Terms under which Evolutioncontrollers.com is offered. The most current version of the Terms will supersede all previous versions. Evolution Controllers encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Evolution Controllers welcomes your questions or comments regarding the Terms: Feel free to contact us at info@evolutioncontrollers.com