BY VISITING EVALUATED.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

Overview

The terms “we”, “us”, “our” refers to EVALUATED.COM. The term “Site” refers to EVALUATED.COM and all sites connected with EVALUATED.COM. The term “user,” “you” and “your” refer to site visitors, customers, and any other users of the site.

Evaluated.com provides a website where users can read articles, editorials, and reviews (the “Service”). “Content” on Evaluated.com may include data, photographs, text, information, graphics, and links provided by Services.

Use of Evaluated.com including all materials presented herein and all online services provided by Evaluated.com (“Services”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site & Service

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to Evaluated.com and other information is subject to change. Evaluated.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Evaluated.com disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Lawful Purposes

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. You agree to use the Site and Services for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Our Intellectual Property

All content provided on the Site and in the Service is the intellectual property of Evaluated.com. The content of the Site and Service is protected by United States trademark, trade dress, and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

Affiliate Disclaimer

The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice on shopping. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, we might get a commission in exchange.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Evaluated.com is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits,  savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The information and content on Evaluated.com are provided for informational and educational purposes only. None of our content constitutes the providing of or a substitute for medical advice, diagnosis, or treatment.

Evaluated.com is not a vendor, retailer, or manufacturer of any products included in Content.

Third-Party Resources

The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Evaluated.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree that Evaluated.com is not directly or indirectly responsible for any damage caused or claimed to be caused by or as a result of any content, merchandise, or services available on any linked website or other resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Waiver

No waiver of any of the provisions of this Agreement by Evaluated.com shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Evaluated.com.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing.

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Utah County. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

If you believe that any content, products, or websites our website links to are inappropriate, please let us know and we will review the link.

Updated: February 2022