Terms of Use

1. These Terms of Use are between you ("You" or "Your") and Lars/David, Inc. and its affiliates ("Evolve"), and consist of the most recent versions of the terms and conditions of the Terms of Use, and any other applicable policies and guidelines (all together, the "Terms") governing the use of the Web site. Any person or entity acting on Your behalf shall also be bound by these Terms and You agree to be responsible for such person's or entity's actions.

2. Lars/David reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to, any term, policy, or guideline, at any time without notice or acceptance by You. You can review the most current version of these Terms at any time at http://www.larsdavid.com/termsofuse.html. Regardless of whether Lars/David has provided You notice, Your continued use of the Web site following notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms.

3. By continuing to use this Web site, You agree to be bound by and accept these Terms, and agree to provide true, accurate, current and complete information in any response that You provide to Lars/David. You agree to maintain and update Your Information to keep it true, accurate, current, and complete. If You are dissatisfied with the Lars/David Web site, or any of the Terms, guidelines, policies, practices of Lars/David, or if any future changes are unacceptable to You, Your sole remedy is to discontinue use of the Lars/David Web site.

4. The terms of Lars/David privacy policy are set. forth at www.larsdavid.com/privacypolicy.html (the "Privacy Policy"), and are incorporated fully herein. The Privacy Policy is subject to change, and You are responsible for checking any such changes. You agree that Lars/David has the right to monitor the Web site electronically, from time to time, and to disclose any information necessary to satisfy any law, regulation, or other government request, to operate the Web site properly, or to protect itself. If you have any questions about Lars/David's privacy policy, please contact Lars/David at info@larsdavid.com.

5. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services or other information, and the quality and merchantability of all merchandise provided through the Lars/David Web site. Descriptions of or references to products, services or publications within the Web site do not imply endorsement of that product, service, or publication.

6. While using the Lars/David Web site, You may not: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the United States export control laws and regulations and federal and state antitrust laws; (b) post or transmit any information or software that contains a virus, Trojan Horse, worm, or other harmful component; (c) post, publish, transmit, reproduce, distribute, or in any way exploit any information, product or other material obtained through the Web site for commercial purposes (other than as expressly permitted by Lars/David or the provider of such information, product or other material); or (d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Web site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or holder.

7. Upon clicking on a hyperlink button on the Web site, You will leave the Lars/David Web site, and Lars/David is expressly not responsible for the content at any hyperlinked web site.

8. You acknowledge that Lars/David does not pre-screen Content, but that Lars/David and its designees shall have the right (but not the obligation) in Lars/David's sole discretion to refuse or remove any Content that is made available on the Web site.

9. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LARS/DAVID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LARS/DAVID DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE WEB SITE OR OTHER HYPERLINKED WEB SITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR OTHER HYPERLINKED WEB SITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE WEB SITE WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE WEB SITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. LARS/DAVID ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

10. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE AND ANY MATERIAL, RESULTS, INFORMATION, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE USE OF THE WEB SITE OR OTHER HYPERLINKED WEB SITE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU FURTHER AGREE TO ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR OTHER USE OF SUCH MATERIAL, RESULTS, AND/OR DATA.

11. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LARS/DAVID AND ITS AFFILIATES, OR OTHER PARTNERS, AGENTS, OR CONTRACTORS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, THAT RESULT FROM: (A) THE USE OR INABILITY TO USE THE WEB SITE; (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE WEB SITE; OR (C) YOUR RELIANCE ON OR USE OF ANY DATA, INFORMATION, MATERIAL, OR PRODUCTS OBTAINED FROM OR PROVIDED THROUGH THE WEB SITE OR OTHER HYPERLINKED WEB SITE.