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EVM Controls Consulting LLC
www.evmcs.com

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These Terms of Use (“Terms”) govern access to and use of the website operated by EVM Controls Consulting LLC (“EVMCS,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY USING OUR WEBSITE AND ITS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

EVMCS may revise these Terms by posting an updated version on this website. Changes apply prospectively, subject to applicable law and any additional notice or agreement required by law. Separate agreements governing purchased software, training, consulting, or support remain subject to their own amendment provisions.

1. Description of Services

The EVMCS website provides information about our consulting, training, software, and related services. Customers may have the option to register for access to restricted resources or associated services and may request cancellation of that access.

Where offered, customers with an applicable support agreement or other entitlement may access product-specific materials, including documentation, corrections, enhancements, knowledge resources, news, events, product alerts, and technical support information.

Purchasing software, training, consulting, or support may require acceptance of additional terms. The applicable license agreement, order, or service agreement governs the purchased offering and controls over these Terms if there is a conflict concerning that offering.

2. Restrictions on Use

You agree not to:

(a) Disrupt or interfere with website security or upload, transmit, or distribute viruses, malware, or other harmful files.

(b) Disrupt or interfere with another user’s access to or enjoyment of the website.

(c) Upload, transmit, or distribute material that infringes another party’s copyright, trademark, patent, trade secret, or other proprietary rights.

(d) Upload, transmit, or distribute unlawful, threatening, harassing, obscene, or otherwise abusive material.

(e) Use the website to send unauthorized unsolicited emails or advertisements.

(f) Attempt to obtain unauthorized access to accounts, restricted materials, systems, or networks.

(g) Otherwise use the website in violation of applicable law.

3. Privacy Policy

Our Privacy Policy describes how EVMCS handles personal information associated with the website and applicable services.

The policy is available at:

https://www.evmcs.com/privacy-policy

4. Copyright Concerns

EVMCS reserves the right to remove materials it reasonably believes infringe its own or another party’s copyright and to restrict or terminate access associated with infringing activity, subject to applicable law.

If you believe materials on our website infringe your copyright, please provide a written notice containing:

(a) Your physical or electronic signature, or the signature of a person authorized to act for the copyright owner.

(b) Your name, mailing address, telephone number, and email address.

(c) Identification of the copyrighted work you believe has been infringed.

(d) Identification of the allegedly infringing material and sufficient information, including relevant webpage addresses, for us to locate it.

(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

(f) A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

Send copyright concerns to:

EVM Controls Consulting LLC
Attention: Copyright Notices
11211 Katy Freeway Unit 440-D
Houston, TX 77079
Email: info@evmcs.com

5. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

EVMCS DOES NOT WARRANT THAT WEBSITE INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, OR THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY EXCLUSIONS, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

WARRANTIES OR COMMITMENTS EXPRESSLY PROVIDED UNDER A SEPARATE SOFTWARE LICENSE, PURCHASE AGREEMENT, OR SERVICE AGREEMENT ARE GOVERNED BY THAT AGREEMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVMCS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE.

THIS INCLUDES LOST PROFITS, REVENUE, DATA, OR GOODWILL; BUSINESS INTERRUPTION; AND THIRD-PARTY CLAIMS ARISING FROM WEBSITE USE, EVEN IF EVMCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SECTION DOES NOT EXCLUDE OR LIMIT LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR LIMITED. LIABILITY ASSOCIATED WITH PURCHASED SOFTWARE OR SERVICES IS GOVERNED BY THE APPLICABLE SEPARATE AGREEMENT.

7. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold EVMCS harmless from third-party claims, liabilities, damages, and reasonable attorneys’ fees and costs arising from:

(a) Your breach of these Terms.

(b) Your unlawful or unauthorized use of the website.

(c) Material you submit that violates or infringes another party’s rights.

This obligation does not apply to the extent a claim results from EVMCS’s own wrongful conduct.

EVMCS will provide reasonable notice of a claim for which it seeks indemnification and reasonable cooperation in its defense. EVMCS may participate in the defense at its own expense.

You may not settle a claim in a manner that admits fault by EVMCS, imposes an obligation on EVMCS, or fails to release EVMCS without its prior written consent, which will not be unreasonably withheld.

8. Suspension and Termination

EVMCS may suspend or terminate website access for violations of these Terms, security concerns, unlawful activity, or other reasonable business grounds, subject to applicable law.

Access to restricted support materials may end when the applicable support agreement or access entitlement expires or terminates.

Suspension or termination of website access does not itself cancel rights already purchased under a separate agreement. Those rights, including any applicable termination or refund provisions, remain governed by that agreement.

Provisions intended to continue after termination, including warranty disclaimers, liability limitations, indemnification, and dispute provisions, survive to the extent applicable.

9. Severability

If a court of competent jurisdiction determines that a provision of these Terms is invalid or unenforceable, that provision will be limited or severed only to the extent permitted by law. The remaining provisions will remain in effect.

10. Governing Law and Jurisdiction

These Terms are governed by Texas law, without regard to conflict-of-law principles, subject to mandatory applicable law.

To the extent permitted by law, disputes concerning these Terms or website use must be brought in the state courts located in Harris County, Texas, or the federal courts in the Southern District of Texas, Houston Division. You consent to those courts’ jurisdiction.

To the extent permitted by applicable law, any claim arising from or relating to website use must be filed within one (1) year after the claim arises. This limitation does not apply where prohibited by law or where a separate agreement governs the claim.

Contact

EVM Controls Consulting LLC
11211 Katy Freeway Unit 440-D
Houston, TX 77079
Email: info@evmcs.com
Website: www.evmcs.com