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1) Introduction

This website is owned and operated by Evolution RC Ltd, a duly formed UK entity.  This document shall refer to Evolution RC Ltd by name or by the pronouns “We” and “Us.”  You, the visitor or user of our site’s services, shall be referred to by the pronoun “You.”   Your usage of the tools and services provided within our website subjects you to the jurisdiction of the United Kingdom.

These terms and conditions  (“Agreement” or “Document”) govern your use of our website; by using our website, including the viewing of any text or graphics published on our website, or using any tool or service that we provide via our website, you expressly accept these terms and conditions in full.  If you disagree with any part of these terms and conditions, do not use our website or any tool or service that we provide.

This document, and the terms and conditions contained within, will not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this document will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of this document will not affect the validity or enforceability of any other provision of this document, all of which will remain in full force and effect.
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction.  You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United Kingdom.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors solely own the intellectual property rights in the website and material on the website.  Subject to the license below, all our intellectual property rights are reserved.

Any third party who resides in the United States of America or otherwise has determined that it/he/she is subject to the laws of the United States of America, who believes that their own copyright interests have been violated due to content provided to us by another third party, may, pursuant to Title 17, United States Code, Section 512(c)(2), send us a properly worded and executed notification of claimed copyright infringement by post to the address listed below for our review and potential action.

(3) License to use website  

You may view, download for caching purposes only, and print pages from the website, provided that

(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;

(c) you must not edit or otherwise modify any material on the website.

(4) Limitations of liability

The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law.

We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

DISCLAIMER OF WARRANTIES. WE PROVIDE OUR WEB SITE AND SERVICES ON AN “AS IS”, “WHERE IS,” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE, THE PRODUCTS OFFERED OR THE USE OF OUR SITE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH OR VIA THE WEBSITE ITSELF. WE MAKE NO WARRANTIES  AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND/OR SIMILAR WARRANTIES, EXPRESS OR IMPLIED, AS MAY EXIST IN YOUR OWN JURISDICTION.

You agree to defend, indemnify and hold Evolution RC Limited harmless, including its affiliates and directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this website and/or the services and products mentioned and/or sold herein.

(5) Payment and Delivery and Related Terms

The prices you pay for goods and respective shipping/postage are set out in our website. We must receive payment in full for the goods that you order before they can be delivered to you. It may not be possible for us to deliver to some locations including remote locations in the UK. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

We reserve the right to cancel the contract between us if: we have insufficient stock; we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card, or send a cheque in the appropriate sum, as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

(6) Liability

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.  If you believe the goods are defective, then you must return them, within 7 working days of notice being given.  The goods must be returned at your own expense.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.   If you notify a problem to us under this condition, our only obligation will be, at our option:  to make good any shortage or non-delivery;  to replace or repair any goods that are damaged or defective; or  to refund to you the amount paid by you for the goods in question in whatever way we choose.

You must use the goods strictly in accordance with the operating instructions and we will not be liable at all if you do not follow those instructions.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

(7) Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.   Your usage of this site, including the viewing of any text or graphics, or your usage of any tool or service that this website provides, or your purchase via our website of any product we sell, is your express indication to us that you agree to be bound by each and every term and condition contained within the current terms and conditions as posted on our site.

(8) Entire agreement

These terms and conditions, together with our privacy policy, disclaimers, current prices, delivery information and contact details constitute the entire agreement between you and us in relation to the supply of goods to you by us and your use of our website.  Nothing said by a sales person or other on our behalf should be construed as a variation of these terms and conditions.  These terms and conditions supersede all previous agreements in respect of your use of this website.

(9) Law, Jurisdiction and Mandatory, Binding Arbitration

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.  This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of England, excluding that body of laws known as choice of law or conflict of laws.  Subject to the provisions of this section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in England by an arbitration service provider as mutually agreed to by all parties or as appointed by a court of competent jurisdiction in England and said arbitration shall be conducted in the offices of the arbitration service provider, who may be a duly licensed solicitor. The arbitration will be conducted in accordance with the provisions of Arbitration Rules and Procedures as assigned by the arbitration service provider.  Upon the written request of either party, the parties shall mutually select and agree upon a specific English solicitor or other suitable arbitration service provider. In the event that the parties do not reach a stipulation as to the selection of a specific arbitration service provider within 30 days of the written request mentioned herein, then either party may approach the Courts of England and request that a specific arbitration service provider be appointed.  The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law.  Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof.   The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. If requested by the arbitrator, such fees (in whole or in part, as requested) must be paid in advance by the parties.  All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.  The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.  Notwithstanding the foregoing, nothing in this section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.  Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

(10) General Disclaimer

The users of this web site are responsible for checking the accuracy, completeness, currency and/or suitability of all information and advertising themselves. We make no representations, or guarantees as to the accuracy, completeness, currency or suitability of the information or advertising provided via this web site. With respect to all information available at this site, our corporation and its officers, employees, agents and assigns make no warranty, express or implied, including the warranties of merchantability or fitness for a particular purpose, nor do we make any representation that the use of said information will not infringe privately owned rights. We are not responsible for any advertising and the content thereof that appears on our site.

Accordingly, we issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you “As Is, Where Is”, without any warranty of any kind, express or implied.

Our business, and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.

(11) General Rules of Conduct

You may not:

• Violate the law of any jurisdiction while visiting our site, or using any tool or service that we provide.

• Harass or Cyberstalk any user.

• Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us.

You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

We may post rules, guidelines or policies, including rules, guidelines or policies that concern the use of our site.  Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

(12) Anti-Spam Policy

Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in access to our site being terminated without prior notice to the member.

(13) DMCA ISSUES: USA RESIDENTS

USA residents who wish to file a DMCA related notification may do so by following the following instructions.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement, at

DMCA NOTICES
Evolution RC Limited TA Powerenhancer
Unit 14, Rookery Business Park
Silver Street
Besthorpe
Norfolk
NR17 2LD
UK.

Please provide us with the following Notice:

a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;

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

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA)

(14) Intellectual Property Provisions

All content provided within or via this site is protected by various UK and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.  No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner.  The content of this Site may not be “framed” or “mirrored”.  All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way. We own various trademarks and such may not be used without our express written permission. All content on this site is protected by UK and State copyright laws.

All trademarks, service-marks, and copyrights mentioned in this website belong to their respective owners. Any commercial use of the materials stored on our website is prohibited without the written permission of the intellectual property owner.  Any unauthorized use of any trademark is strictly prohibited by law. Any communications or material you submit by electronic mail, interactive forms, or otherwise, including any data, questions, comments, suggestions, or the like, even if encrypted, will be treated as, non-confidential and non-proprietary. Anything you transmit or submit may be used by us at any time and for any purpose, including without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or our affiliates for any purpose whatsoever, including, without limitation, disseminating such information.

Content displayed on or via our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further.

No reproduction or redistribution is prohibited without our express written consent.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code owned or used by us, and without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.

(15) Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit.  We also reserve the right to discontinue any service or modify any service with no notice to you.

(16) Equitable Orders

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

(17) Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site.  You may not engage in denial of service attacks upon the servers that publish this Site.  You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

(18) Links to/From Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies.  Please carefully review the terms of service and privacy policies of all such sites prior to usage.  You assume the risk of any usage of such third party sites. We are also not responsible for links FROM any site to our site, including the context of the link itself.

(19) Submissions

All submissions (but not personal information) become the property of this Site.  All submissions are non-confidential in nature.  “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication.  You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations.  You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

(20) Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.  You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.

We specifically disclaim any and all liability for any claims or damages that may result from providing the web site or the information it contains, and makes no warranties that the site will be free from computer viruses, including any web sites maintained by third parties and linked to the our Web Site.  We make no effort to independently verify and does not exert editorial control over, information provided by others.

Communications made through this site shall in no way be deemed to constitute legal notice to our corporation or any of its agencies, officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against our corporation (or business, regardless of how it is formed or what legal entity it takes or alters to in the future) or any of its agencies, officers, employees, agents or representatives.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files.  We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

(21) Our contact detail

The full name of our company is Evolution RC Limited at address Unit 14, Rookery Business Park, Silver Street, Besthorpe, Norfolk, NR17 2LD.  Our company registration number is 3525861 and our VAT registration number 685 7753 73.  You can contact us via email to support@powerenhancer.spiderdns.co.uk or on 0844 556 1255.