PLEASE READ THESE TERMS OF SERVICES CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND EVIVE STATION, LLC (“EVIVE STATION”), WITH RESPECT TO THE KIOSK SERVICE PROVIDED BY EVIVE STATION. BY REGISTERING FOR THE SERVICE ON THE EVIVE STATION SITE (THE “SITE”) AND CLICKING THE "I AGREE" BUTTON AT THE END OF THESE TERMS OF SERVICE, OR BY USING THE SERVICE IN ANY WAY, INCLUDING USING AN EVIVE STATION KIOSK, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK THE "I AGREE" BUTTON AT THE END OF THESE TERMS OF SERVICE AND DO NOT USE THE SERVICE IN ANY WAY.
1. Evive Station Service
(a) Description of Service. Evive Station owns and operates health and wellness kiosk stations at designated locations (each, a "Station") and provides a service that includes furnishing a personalized reusable bottle (an "Evive Bottle") to subscribers who may then use the Evive Bottle to obtain filtered drinking water and other products at the Stations (the "Service"). The Service is provided on an individual end-user basis to individuals who register for the Service on the Site. You may use the Services only in accordance with the these Terms of Service and any amendments thereto. In the event that any new or additional features for the Service are offered through the Site, such features will become part of the Service and will be subject to these Terms of Service. (b) Access to and Use of the Service.In order to use the Service, you must register on the Site and receive from Evive Station an approved Evive Bottle. You will be responsible for complying with all instructions and guidelines established by Evive Station for access to or use of the Service and for paying any service fees associated with any such access or use. The Evive Bottle is issued to you personally and may not be transferred to or used by any third party to access or use the Service or a Station. You are solely responsible and liable for any and all uses of the Evive Bottle issued to you, including without limitation any failure by you or any third party to comply with these Terms of Service when using your Evive Bottle to access and use the Service. (c) Delivery of Evive Bottle.Following completion of your registration for the Service on the Site, Evive Bottle will use commercially reasonable efforts to deliver an Evive Bottle to you at the address designated in the registration process. Evive Station is not responsible for any failure to deliver the Evive Bottle to you. Further details of the delivery process may be provided to you at the time of registration. If any Evive Bottle you order has not been successfully delivered, you must notify us within seven days. If you do not notify Evive Station within this period, you waive any rights you may have to receive credits and/or re-delivery of such Evive Bottle. Except as expressly provided for herein, all amounts paid in connection with the Service are non-refundable. (d) Use of Evive Stations.Following your receipt of your Evive Bottle, and provided you have paid any required services fees, you will have a limited, personal, nontransferable right to use the Evive Bottle to access and use the Service at the Stations for the period covered by your subscription to the Service (the "Subscription"), all subject to and in accordance with these Terms of Service. Unless a different Subscription period is established during the registration process, your Subscription period is one month and will renew automatically each month until the Subscription is terminated and/or cancelled by you or Evive Station in accordance with Section 6 of these Terms of Service. As part of the registration process described below, you will be asked to complete a demographic profile of you that may be used by Evive Station to select and display relevant advertisements for you. You acknowledge and agree that, in connection with your use of the Service and the Stations, you may be presented with advertisements, job placement opportunities and other content that is displayed to you at the Stations.
2. Registration Process
(a) Registration Requirements and DataIn order to use the Service, you must first register and create an account on the Site. To register, you must be at least 18 years of age. Children under 18 years of age may not use this Service. By registering for the Service, you indicate your acceptance of these Terms of Service and you represent that (a) you have read, understood and agree to be bound by these Terms of Service and (b) you are at least 18 years old and are entering into this Agreement for yourself. If you do not agree to (or cannot comply with) any of these Terms of Service, do not register for or attempt to access or use the Service. By registering, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Evive Station has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Evive Station has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that Evive Station may rely on the Registration Data to send you important information and notices regarding your account and the Service. You acknowledge and agree that Evive Station shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that Evive Station (and its third party service providers) are authorized to verify such Registration Data. (b) Username and PasswordWhen you register for the Service on the Site, you may be required to establish an account and obtain a username and password. You authorize Evive Station to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify Evive Station of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any activities, charges and/or liabilities made through the use of your username and password, whether authorized or unauthorized. In no event will Evive Station be liable for the unauthorized use or misuse of your username and/or password. In addition, you could be held liable for any losses incurred by Evive Station or another party due to someone else using your account or password.
3. Interruptions or Discontinuation of Service; Changes to Service
Evive Station reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, or to make changes to the Service. If the Service is suspended, then the term of any Subscription to which you subscribe shall be extended to take into account any periods of suspension. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Evive Station, your Subscription will immediately terminate. The foregoing is in addition to any termination right under Section 6 of these Terms of Service.
5. Fees and Payment.
The amounts of any services fees for access to and use of the Service are identified and available on the Site. If you sign up for a Subscription for which services fees are payable, you agree to pay all such fees in a timely manner. All services fees are subject to change upon notice from Evive Station. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your Subscription effective at the end of the calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted. Additional taxes may apply to your use of the Service.
6. Termination of Services
To cancel your Subscription, you must provide Evive Station with notice of cancellation at least 10 days prior to the end of the then-current Subscription period. Evive Station will reply to you by email or text message confirming cancellation of your Subscription. Please note that it is your sole responsibility to ensure you have received such a confirmation for cancellation of the Service. If you have not received the confirmation message within 12 hours after sending notice of cancellation, you must immediately contact our customer service email(firstname.lastname@example.org) to prevent continuation of the Service and further accrual of charges. Cancellation of the Subscription will be effective immediately upon receipt of such confirmation message. You agree that Evive Station, at its sole discretion, may at any time terminate your Subscription or your access to and use of the Service, with or without cause. If Evive Station terminates your Subscription without cause, Evive Station will refund, on a prorated basis, any unused pre-paid services fees related to such Subscription. If you cancel your account or Subscription for any reason, or if Evive Station terminates your account because it believes you have violated or acted inconsistently with these Terms of Service or for other good cause, then Evive Station will not refund any of the services fees you have paid to date. You agree that upon termination of your access to the Service under any provision of these Terms of Service, Evive Station may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Service. Further, you agree that Evive Station shall not be liable to you or any third party for any termination of your access to or use of the Service. Sections 2(b), 4, 5, 6, 7, 8, 9, 10, 11 and 12 of these Terms of Service shall survive any termination or cancellation of the Service or any Subscription.
**7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES **
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO YOUR USE OF THE EVIVE BOTTLE OR ANY STATION, IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR OTHER HARM OR LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOU AGREE THAT THE SERVICE, INCLUDING BUT NOT LIMITED TO THE EVIVE BOTTLE AND THE STATIONS AND ALL PRODUCTS OFFERED THROUGH THE STATIONS, ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THESE TERMS OF SERVICE. YOU ACKNOWLEDGE AND AGREE THAT EVIVE STATION SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE, UNAVAILABILITY OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. EVIVE STATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVIVE STATION MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVIVE STATION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT EVIVE STATION'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF SERVICE AND/OR FOR ANY BREACH OF THESE TERMS OF SERVICE IS SOLELY LIMITED TO THE AMOUNT YOU PAID IN CONNECTION WITH THE SERVICE DURING THE PERIOD OF YOUR SUBSCRIPTION. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, EVIVE STATION, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF EVIVE STATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, EVIVE STATION'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
**8. Indemnification **
You agree to defend, indemnify and hold harmless Evive Station, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with (a) your use of the Service, including but not limited access to or use of the Evive Bottle and/or the Stations, or (b) any breach or alleged breach by you of these Terms of Service.
**9. Third Party Products and Service **
Evive Station may make available or provide access to products and services of third parties either directly at the Stations or via links to websites operated by such third parties. Further, the Service, the Site and/or the Stations may contain ads for third party products or services. Such products or services shall be purchased and/or obtained directly from such third party, and you acknowledge and agree that EVIVE STATION SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE OR LIABLE FOR, ANY PRODUCTS OR SERVICE OR ANY TRANSACTION CONCERNING SUCH PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
**10. Intellectual Property Rights **
You acknowledge that the Service, including without limitation that Site, the Evive Bottle and the Stations and the content contained therein and thereon, is protected by the proprietary and intellectual property rights of Evive Station and/or its licensors, as applicable, and is licensed, not sold, to you under the terms of these Terms of Service. Your rights to access and use the Service are limited to those rights expressly granted to you in these Terms of Service. You may not reproduce, modify, distribute, transmit, display, sublicense, transfer, create derivative works of, or make commercial use of the Service and your use of the Service is not transferable for any reason. You may not, or attempt to (or otherwise authorize, encourage or support others attempts to) circumvent, re-engineer, break or otherwise alter or interfere with the Service. No title to the Service is provided to you, and you do not obtain any rights, express or implied, in the Service, other than the limited license expressly granted in these Terms of Service.
11. Amendments to Terms of Service; Subscriptions
These Terms of Service and the terms of any Subscription may be modified or amended at any time by Evive Station upon notice to you. Such changes will be applicable on a prospective basis only, and you will have 10 days from the date of such notice to cancel your Subscription and terminate the Service. If you do not terminate the Service and your Subscription within such 10 day period or if you continue to use the Service after having received notice of the revisions, then you will be deemed to have accepted and be bound by the terms of the revised Terms of Service and/or Subscription.
12. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Evive Station, other than notice of cancellation, shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: Evive Station, LLC. 168 S. 19th St., Pittsburgh, PA 15203. Evive Station shall serve notices related to these Terms of Service by posting them on the Site, by sending them to the postal address or e-mail address you have given to Evive Station, or via text message. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Site or sent by e-mail or text message shall be deemed received on the weekday following the day when they were posted or sent.