Terms of Service
Terms of Service
OVERVIEW
This website is operated by Evolve Apnea. Throughout the site, the terms "we", "us", and "our" refer to Evolve Apnea. By visiting this website or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including all additional terms, policies, and notices referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms carefully before using our site. By accessing or using any part of the site, you agree to comply with these Terms. If you do not agree to all the Terms, you may not access or use the website. These Terms are considered an offer, and acceptance is expressly limited to these Terms.
We reserve the right to update or change these Terms at any time by posting updates on this page. Your continued use of the site after these changes have been posted constitutes your acceptance of the updated Terms.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province, or that you have obtained consent from a parent or guardian to allow your minor dependents to use this site.
You agree not to use our products or services for any illegal or unauthorized purposes and will not violate any laws in your jurisdiction, including but not limited to copyright laws.
You may not transmit any harmful code, such as viruses or worms, through our website.
Violation of any of these Terms will result in the immediate termination of your access to our Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, at our discretion and for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted over various networks, and adapted to conform to technical requirements. However, credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or access to the Service without express written permission.
The section titles used in these Terms are for convenience only and do not limit the scope or effect of the provisions.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We make every effort to provide accurate, complete, and current information, but we are not responsible for inaccuracies, incomplete, or outdated content. The materials on our site are for general informational purposes only and should not be relied upon solely for making decisions. Always consult primary sources for more accurate and up-to-date information.
We may modify the content on our site at any time, but are not obligated to update any information.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue our Service (or any part of it) at any time without notice. We will not be liable to you or any third party for any price changes, modifications, suspensions, or discontinuances of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website, with limited quantities. These products are subject to our Return Policy.
We strive to display product colors and images as accurately as possible. However, we cannot guarantee that the color displayed on your monitor will be accurate.
We reserve the right to limit the sales of products to any person, geographic region, or jurisdiction and may do so on a case-by-case basis. We also reserve the right to limit product quantities and discontinue products at any time without notice.
We do not guarantee that any products or services will meet your expectations or that errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order at our discretion. We may limit or cancel quantities purchased per person, household, or order, especially in cases of suspected fraud or bulk purchases by dealers or resellers.
You agree to provide accurate and up-to-date information for all purchases made on our site. This includes updating your account details, credit card information, and shipping addresses.
Evolve's order fulfillment may come from international warehouses and third-party fulfillment centers.
For more details, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control.
You acknowledge and agree that we provide access to these tools "as is" without warranties or conditions. We are not responsible for your use of these third-party tools.
Any use of third-party tools is at your own risk, and we recommend that you review their terms before using them.
New features and services may be introduced in the future, and these will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Service may include materials from third parties, and third-party links may direct you to external websites that are not affiliated with us.
We are not responsible for the content, accuracy, or legality of any third-party materials or websites. We are not liable for any harm or damages resulting from transactions or interactions with third-party sites.
Please review the third-party policies before engaging in any transaction.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
By submitting comments, feedback, or other content (such as contest entries, suggestions, or ideas), you grant Evolve Apnea a non-exclusive, perpetual, royalty-free license to use, edit, and distribute your submission in any format.
You agree that your submissions will not infringe on any third-party rights, and you are solely responsible for the accuracy of your submissions.
We reserve the right to monitor, edit, or remove content at our discretion and will not be held liable for any user-generated content.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy. Please review our Privacy Policy for more information on how we collect and protect your data.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Our website may occasionally contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors or omissions at any time, even after an order has been placed.
We do not undertake to update or clarify information unless required by law.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions outlined in these Terms, you may not use the site for any unlawful or malicious purposes. This includes violating intellectual property rights, transmitting viruses, harassing others, or engaging in fraudulent or deceptive activities.
We reserve the right to terminate your access if you violate any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the Service will be uninterrupted, error-free, or secure. All products and services are provided "as is" without any warranties.
We will not be held liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our Service, including loss of profits, data, or revenue.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold Evolve Apnea harmless from any claims, damages, or losses resulting from your breach of these Terms or any third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
SECTION 16 – TERMINATION
These Terms will remain in effect until terminated by either you or us. We may terminate these Terms at any time if you fail to comply with any provision. Termination will not affect obligations or liabilities incurred before termination.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service, together with any other policies, constitute the entire agreement between you and Evolve Apnea. Any prior or contemporaneous agreements are superseded by these Terms.
SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of the United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time by posting changes on this page. Your continued use of the website following changes to the Terms constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at hello@evolveapnea.com.
LIABILITY DISCLAIMER
Evolve Apnea products are designed for use in diving. While we make every effort to ensure quality and safety, we do not guarantee that the products will prevent injury or accidents. Users should always exercise caution and follow safety guidelines while using our products. By using our products, you assume full responsibility for your own safety and acknowledge the risks involved in diving.
Evolve Apnea disclaims liability for any damage, loss, or injury resulting from the use of its products and services.