Last Updated on: January 1, 2024 

Terms and Conditions Services

These Terms of Use (“Terms”) govern your access to and use of this website (including all content and underlying technology, the “Site”), which is made available by Evolv Brands, Inc. (“Evolv,” “we,” “us,” or “our”).

By accessing or using the Site, you agree on behalf of yourself and any company or organization that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site or otherwise communicated to you.

• Privacy Policy. We may collect certain information about you and from your use of the Site as described in our Privacy Policy, which is incorporated into and made a part of these Terms. Your use of the Site constitutes your consent to the information collection, use, and sharing described in our Privacy Policy.

• Permitted Use. Provided you comply with these Terms, you may access and use the Site solely for your own personal purposes and, in any event, in accordance with all related documentation or restrictions posted on the Site or otherwise provided by Evolv.

• Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are exclusively the property of Evolv. or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Evolv. or any third party is prohibited and may be prosecuted to the fullest extent of the law.

Any and all data collected by Evolv or its suppliers, but excluding any personal information, is, as between you and Evolv and to the extent permitted by applicable law, owned exclusively by Evolv. Additionally, any and all anonymized and aggregated data created based on or using personal information is, as between you and Evolv and to the extent permitted by applicable law, owned exclusively by Evolv. You acknowledge and understand that Evolv may, subject to applicable law and without compensation to you, use Evolv-owned data in any manner for its business purposes.

No licenses or other rights, express or implied, are granted by Evolv to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Evolv and all such rights are reserved and retained by Evolv.

Copyright 2024 © Evolv. Tan

• Your Warranties. You represent and warrant that:

• You have the authority to enter into these Terms;

• You are at least eighteen (18) years of age or, if you are under the age of eighteen (18), you have reviewed these Terms with your parent or guardian and they understand and have agreed to accept these Terms;

• You are under no contractual obligation that will interfere with your ability to perform under these Terms;

• You will not access or use the Site in any manner not permitted by these Terms;

• You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable rules regarding online conduct); and

• All information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.

• Use Restrictions. You will NOT, nor will you permit any person to:

 

Copy, download, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site or any of its content;

• Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site;

• Access or use the Site for unlawful purposes;

• Provide inaccurate, incomplete, or out-of-date information via the Site;

• Create a false identify, hide your true identity, or impersonate or attempt to impersonate any person, business, or Site user other than yourself;

• Commit fraud or falsify information in connection with your use of the Site;

• Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;

• Access or use the Site to develop, create, produce, enhance, or add to any database;

• Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;

• Use the Site, including any of their content, in any way that infringes on or violates the rights of any other person or entity;

• Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;

• Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;

• Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;

• Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;

• Access, use, or analyze the Site for any purpose that is to Evolv’s detriment or commercial disadvantage; nor

• Act maliciously against the business interests or reputation of Evolv or any Site user.

• Orders and Payment. All amounts due for products made available on or ordered using the Site (“Products”) must be made by credit or debit card unless other options are made available to you. If the payment information you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our applicable third-party payment processor. Information about our collection and use of payment-related information is described in our Privacy Policy.

• Terms of Sale. All Products are subject to this section. These Terms, including this section, constitute the complete and exclusive statement of the terms governing the sale of Products. Your purchase and acceptance of Products as stated below manifest your agreement with this complete and exclusive statement of terms.

• Order Acceptance. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to order products through the Site. All orders are subject to acceptance by Evolv. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for order; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Evolv ships the products ordered, and Evolv will charge your credit or debit card upon such shipment.

• Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Evolv charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.

• Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited, and products may not be available for immediate delivery. Evolv makes no guarantees with respect to shipping or delivery dates. Some products may not be available in certain areas. Evolv is not liable for any damages or losses you may suffer as a result of any shipment delays.

• Pricing. Pricing errors may occur on the Site from time to time. Evolv attempts to correct all pricing errors as soon as Evolv becomes aware of an error, but Evolv is not responsible for any pricing or typographical errors on the Site. Evolv reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Evolv. Any payments you make to Evolv for orders that are cancelled due to pricing errors will be refunded.

• Title and Risk of Loss. Title to products will pass to you when you receive the products. Evolv will bear the risk of loss or damage to products while in transit to you. Evolv is not responsible for lost, stolen, or damaged packages. Please contact CustomerCare@evolvtan.com for assistance with your tracking number. You may file a claim on the carrier’s website.

• Order Cancellations. Order cancellations are at Evolv’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it has been processed. If you wish to cancel an order, please contact our customer service department at customercare@evolvtan.com to see if we can change or cancel the order before it ships.

• Return Policy. We do not allow for the return of products unless a product arrives damaged. If you wish to ask about returning a product, please contact our customer service department at customercare@evolvtan.com. Any product returns are solely within Evolv’s discretion. No Resale. Resale of Products purchased through the Site is prohibited.

  • Customers have ten days from the shipment date to request a return.
  • Products must be unopened and in new condition to receive a credit or refund.
  • Customers are responsible for all shipping costs and a 20% restocking fee.
  • Items must be returned or a tracking number provided within two days of the return request.
  • Refunds or credits will be applied within 3-5 business days after delivery notification.

  Product Descriptions. Evolv strives to provide accurate information on Products. However, Evolv does not represent or warrant that product descriptions, technical specifications, or other information are accurate, complete, reliable, or error-free. In the event that there is any conflict between the content of the Site and product descriptions, technical specifications, or other information provided in any Evolv purchase order or order confirmation, the Evolv purchase order or order confirmation will control.

Contact Us

If you have any questions or concerns, please contact us at:

• Email: customercare@evolvtan.com

• Phone: (760) 891-0257

Local Pick-Up Orders Hours

• Monday – Friday: 8:30 AM to 4:00 PM PST

• Saturday & Sunday: Closed

• Holidays: Hours may vary

Pick-Up Address: 1784 La Costa Meadows Drive, Suite 101, San Marcos, CA 92078

Shipping and Delivery Schedule

• Orders are processed and shipped on business days (Monday – Friday).

• Shipment deadline: 2 PM PST. Orders placed after 2 PM PST will be shipped the following business day.

• Orders placed during weekends or public holidays will be processed and shipped on the next business day.

Freight Delivery

• Freight delivery orders will only provide liftgate service at the delivery site.

• Freight carriers will not bring packages or pallets inside the delivery facility.

• The customer is responsible for the shipment after freight delivery drop-off.

• Additional assessorial services will be billed by the carrier company.

Note: All machine and backdrop sales are FINAL.

Delivery Address & P.O. Boxes

• Delivery addresses cannot be modified once an order is placed.

• We do not ship to P.O. boxes.

International Orders

• For international orders, please contact CustomerCare@evolvtan.com.

• Import duties and taxes may apply and are the customer’s responsibility.

• Check with your local customs office before placing an order.

Damaged or Missing Items

• Contact CustomerCare@evolvtan.com within two days of arrival for damaged or incomplete orders.

• Proof (picture) of the damaged item and box may be requested.

• Evolv is not responsible for lost, stolen, or damaged packages.