Terms of service

Welcome and thank you for using the Evive website and/or mobile app (the “Evive Platform”).  You can use the Evive Platform to order our products (“Products”) for delivery to you (the Service”).

We have created these Terms of Use as the legally binding terms to govern your use of the Evive Platform. Please read this Terms of Use carefully before using the Evive Platform, because it affects your legal rights and obligations.

Your Acceptance of Terms If you do not agree with any of these Terms of Use please do not use the Evive Platform. By using the Evive Platform you will be deemed to have irrevocably agreed to these terms.

Some areas of the Evive Platform may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of the Evive Platform, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Evive Platform will be deemed as irrevocable acceptance of any revisions.

 

How to Contact Us The Evive Platform is controlled by Evive, Inc., a Canadian corporation.

("Evive"). Please forward any comments or complaints about the Evive Platform to hello@evivenutrition.com. Please forward any questions regarding any legal matters, including any privacy-related concerns to hello@evivenutrition.com.

 

Your Registration To access the Evive Platform or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of the Evive Platform that all the details you provide be correct, current, and complete. If we at Evive believe the details are not correct, current, or complete, we have the right to refuse you access to the Evive Platform, or any of its resources, and to terminate or suspend your account.

 

Online Privacy Policy Your privacy is important to us. To better protect your privacy, we provide a policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go here: https://evivenutrition.com/policies/privacy-policy

 

Eligibility  The Evive Platform is not targeted toward or intended for use by anyone under the age of 18. By using the Evive Platform, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Evive Platform or engaged in any activity that could result in suspension or removal from the Evive Platform, (d) have full power and authority to enter into these Terms of Use and in so doing will not violate any other agreement to which you are a party.

The information contained on the Evive Platform has not been evaluated by the Food and Drug Administration (FDA) and is not meant to diagnose, treat, cure or prevent any disease. The information on the Evive Platform should not be used as a substitute for the advice of a health professional. The information presented on the Evive Platform, or information received via telephone, SMS, email, or other electronic communication from Evive is not, and should not be interpreted to be, medical advice. Evive is not responsible for the abuse and/or misuse of any Product sold through the Evive Platform. You assume the risk of all consequences arising out of or relating to your use and consumption of any Products purchased through the Evive Platform.

Your Use of the Evive Platform Your right to make use of the Evive Platform and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on the Evive Platform for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks of Evive and/or its licensors and is prohibited.

 

You may access and display Material and all other content displayed on the Evive Platform for noncommercial, personal, entertainment use on a single computer and mobile device only. The Material and all other content on the Evive Platform may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Evive. Any authorization to copy Material granted by Evive in any part of the Evive Platform for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer and mobile device only and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Evive Platform into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

 

MOBILE MESSAGE SERVICE TERMS AND CONDITIONS

Last updated: November 2021

The Evive mobile message service (Klaviyo) is operated by Evive. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Evive’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related messages, including:  updates, alerts, promotions, specials, and other marketing offers from and on behalf of Evive via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Eivve. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time.Text the single keyword command STOP to +1 (855) 771-0051, +1 (855) 740-1672 or +1 (833) 975-2526. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Evive mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email info@evivenutrition.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

Service Evive reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Evive Platform and/or any software, facilities and services on the Evive Platform, with or without notice, and/or to establish general guidelines and limitations on their use.

 

Local Regulations Evive makes no representation that Materials, Products, or other content on the Evive Platform are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Evive Platform from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

Trademarks and Copyrights The Evive Platform and materials incorporated by Evive on the Evive Platform (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Evive on the Evive Platform are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Evive or others (“Trademarks”). Evive respects the intellectual property rights of others and asks users of the Evive Platform to do the same.

 

Our Use of Content Subject to the provisions of any Additional Terms, by posting or uploading any content to the Evive Platform and/or providing any communication or material to Evive (“User Content”), you automatically and irrevocably: (a)grant and assign to Evive a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Evive and/or by any person authorized by Evive, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Evive as your agent with full power to enter into any document and/or do any act Evive may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Evive shall not be liable for any use or disclosure of such User Content.

 

Feedback  Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Evive, the Evive Platform or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Evive. Evive shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Third-Party Sites The Evive Platform may link you to other mobile apps or sites on the Internet. These mobile apps and sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Evive, and you acknowledge that (whether or not such sites are affiliated in any way with Evive) Evive is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Evive or any association with its operators.

Acceptable Use  Please act responsibly when using the Evive Platform. You may only use the Evive Platform and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Evive Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Evive Platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Evive) or privately transmitted on or through the Evive Platform are the sole responsibility of the sender, not Evive, and that you are responsible for all material you upload, post or otherwise transmit to or through the Evive Platform.

We at Evive require that you do not post e-mails or submit to or publish through Forums or otherwise make available on the Evive Platform any content, or act in a way, which in our opinion:

 

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing,

threatening or offensive;

(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor other person appearing in the content;

(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for

personally identifiable details or otherwise;

(d) infringes any intellectual property or other right of any entity or person, including violating

anyone's copyrights or trademarks or their rights of publicity;

(e) violates any law or may be considered to violate any law;

(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside

information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(g) advocates or promotes illegal activity;

(h) impersonates or misrepresents your connection to any other entity or person or otherwise

manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise

engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship

banners, and/or soliciting goods or services) except as specifically authorized on the Evive Platform;

(j) solicits funds, advertisers or sponsors;

(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer

code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able

to type, or otherwise act in a way which affects the ability of other people to engage in real time

activities via the Evive Platform;

(m) copies any other pages or images on the Evive Platform except with appropriate authority;

(n) includes MP3 format files;

(o) amounts to a 'pyramid' or similar scheme;

(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for

large files or large amount of data which are only linked from other sites). You must provide a

reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(q) disobeys any policy or regulations established from time to time regarding use of the Evive Platform or any networks connected to the Evive Platform; or

(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

 

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Evive anywhere on the Evive Platform (e.g., on any web or mobile app space made available for your use).

 

System Abuse Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Evive Platform by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Evive Platform.

 

Security Any usernames and passwords used for the Evive Platform are for individual use only. You shall be responsible for the security of your username and password (if any). Evive shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Evive considers insecure, Evive will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with the Evive Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Evive reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

Investigations Evive reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or emails you make or send to any Forum. Evive may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user.  Evive may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Evive believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Evive will fully cooperate with any law enforcement authorities or court order requesting or directing Evive to disclose the identity of anyone posting any e-mails or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE EVIVE ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EVIVE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EVIVE OR LAW ENFORCEMENT AUTHORITIES.

 

Indemnity To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Evive and any subsidiaries and/or affiliated companies of Evive (the “Evive Entities”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Evive Platform, Materials or Products, (b) any User Content you create, post, share or store on or through the Evive Platform or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms of Use, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Evive Platform or Products provided to you. You agree to promptly notify Evive of any third-party Claims and cooperate with the Evive Entities in defending such Claims. You further agree that the Evive Entities shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Evive.

 

Disclaimer of Warranties YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM EVIVE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT EVIVE MAY STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.  WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE EVIVE PLATFORM, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, EVIVE DOES NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND WE ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON THE EVIVE PLATFORM, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE EVIVE PLATFORM DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE EVIVE PLATFORM MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE EVIVE PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. 

 

ALL PRODUCTS, THE EVIVE PLATFORM AND THE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVIVE, AND THE EVIVE ENTITIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE EVIVE PLATFORM, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE EVIVE PLATFORM OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. 

 

YOUR USE OF THE EVIVE PLATFORM, THE SERVICE AND ANY PRODUCTS PURCHASED THROUGH THE EVIVE PLATFORM IS AT YOUR OWN RISK. THE EVIVE ENTITIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE EVIVE PLATFORM OR ANY WEB SITE OR MOBILE APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE EVIVE ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE EVIVE PLATFORM OR ANY OTHER WEB SITE OR MOBILE APP.

 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of Liability THE EVIVE ENTITIES DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE, OR INABILITY TO USE, THE EVIVE PLATFORM OR ANY OTHER WEB SITE, MOBILE APP, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE EVIVE PLATFORM OR ANY OTHER WEB SITE OR MOBILE APP, OR PRODUCT PURCHASED THROUGH THE EVIVE PLATFORM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE EVIVE ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE EVIVE ENTITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Forums THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE EVIVE PLATFORM (“FORUMS”) ARE NOT NECESSARILY THOSE OF EVIVE OR ITS CONTENT PROVIDERS. EVIVE DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF EVIVE. EVIVE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

Claims of Infringement If you believe that any content appearing on the Evive Platform infringes your copyright rights, we at Evive want to hear from you. Please forward the following information in writing to the Copyright Agent at the address and/or email address listed below:

 

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been

authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person

authorized to act on your behalf; and

(f) a statement by you made under penalty of perjury, that the information in your notice is

accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Copyright Agent c/o Evive, 5524-427 Saint-Patrick street, Montreal, H4E 1A8, and hello@evivenutrition.com

 

Evive seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

 

Applicability of Laws The laws of the Canada and the Provence of Quebec will apply to any disputes arising out of or relating to these Terms of Use and/or the Evive Platform.

 

Binding Arbitration Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us hello@evivenutrition.com.  In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to these Terms of Use, or the contractual relationship established by these Terms of Use (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the Canadian Arbitration Association, in accordance with the Canadian Arbitration Association’s rules for arbitration (accessible at https://canadianarbitrationassociation.ca/?page_id=17) (except that you may assert individual claims in small claims court, if your claims qualify). You and Evive each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor Evive shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity.

 

The arbitration will be conducted by a single, neutral arbitrator and will take place in Montreal, Canada, or another mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and Evive. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. Evive agrees that, upon request, it will pay a consumer’s filing fee for the arbitration.

 

For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.

 

The Law of Arbitration governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Evive  be permitted to participate in a class action lawsuit or class-wide arbitration.