Call Us Today! (607) 773-2266 / (607) 240-2404 | For post-accident response call (607) 414-2980
Website Terms and Conditions
The following website terms and co
These terms are legally binding contract with Evolution Consulting, LLC, Evolution Consulting South, LLC and OIG Compliance NOW, LLC. Please read these terms carefully. You agree that by clicking links, submitting information through, accessing, or otherwise using thewebsites you have read and accepted these terms. If you do not agree to be bound b theseterms, do not submit information via forms on, access or otherwise use the websites.
Some of our websites have additional terms that relate to specific products and services. Those terms will be prominently posted where they are applicable. Those additional termswill control the event of a conflict with these terms.
Table of Contents
· Content Ownership and Rights
· Consent to Receive Communications
· Functionality and
· Contests, Sweepstakes, and Promotions
· Disclaimers of Warranties and Limitations of Liability
Changes to the Terms
EVOCON/OIGCN has the right, at its sole discretion, to enhance, change or discontinue all or part of the Websites at any time. We may update or change these Terms from time to time. When we make a change to the Terms, we will publish the revised Terms on this webpage or as otherwise required by law. The date at the bottom of these Terms reflects the date of the most recent update. Your continued use of the Websites after we make changes is deemed, to the extent allowed by law, to be acceptance of those changes, so please check these Terms periodically for updates.
Content Ownership and Rights
Intellectual Property. The Websites contain proprietary and copyrighted content and material owned by EVOCON/OIGCN and/or our business partners. All content included in or made available through the Websites, and the functionality of the Websites, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein (collectively, the ”Content”), are owned by EVOCON, its content suppliers, or its partners and are proprietary and protected by U.S. and other applicable intellectual property law. All use of such Content accessible on our websites is restricted and must comply with these Terms. No express or implied rights are conferred on you to use such Content. The compilation of all Content through the Websites is the exclusive intellectual property of EVOCON/OIGCN and protected by U.S. andother applicable copyright law. Except as explicitly permitted by these Terms or the functionality of the Websites, the Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Content of the Websites without notice.
Your Rights of Access and Use. EVOCON/OIGCN grants you a limited license to access andmake personal, non-commercial use of the Websites and all Content thereon, subject to these Terms. This limited license gives you the right to view all Content and download or print a single copy of the Content for your personal, non-commercial use. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy of such material. The Websites and Content may not be used, reproduced, duplicated, copied, downloaded, scraped, sold, resold, visited, reverse engineered, decompiled, merged, disassembled, distributed, transformed, or otherwise exploited, in whole or in part (including via hyperlink), for any commercial purpose, including to create derivative works, without express written consent from EVOCON/OIGCN. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process, with our Content for any purpose including to continuously andautomatically search, scrape, extract, deep link or index any Content, use Content to train an algorithm or model, or cause disruption to the working of the Websites or any other person’s use of the Websites. Any legal rights that cannot be limited by agreement are excluded from this provision.
We Do Not Control Third-Party Content. The Websites may contain content, products, offerings, resources and services made available by third parties. We may provide websitelinks, data or information related to third parties and their materials. We have no control over the content placed by these third parties or the content accessed when you click links, they make available, and, as such, we do not endorse and are not responsible or liable for any such third-party material or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of service and privacy policies of these third-party websites.
Content You Submit and Certain Obligations. Subject to these Terms, you may submit data through the Websites as may be permitted from time to time by the Websites. This functionality may include the ability to submit comments to and reviews of articles or other services. By submitting content, you agree that EVOCON/OIGCN will store it on our or our third-party providers’ servers for use on or by the Websites and third parties working on our behalf. EVOCON/OIGCN does not review, approve or otherwise assist in the creation of your content. We assume no responsibility or liability for the deletion, corruption or loss of content you submit or failure to receive or store the content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You agree to only submit content that does not violate the law or anyone else’s rights. You agree that your account registration information and any data you submit via the Websites is truthful and accurate.
Our Privacy Statement provides additional information about how we handle your data.
By submitting content through the Websites, you grant EVOCON/OIGCN a worldwide, non-exclusive, royalty-free, sub-licensable, transferable and perpetual license to access, use, copy, distribute, publish and process your content in connection with the Websites and to share your content with third parties, including for marketing and promotional purposes, as permitted in our Privacy Statement.
Consent to Receive Communications
If you enter your information in an online form and indicate your consent to receive emails, telephone calls, text messages or any other communications from us, you acknowledge andagree to the fullest extent allowed by law that we may contact you by any means allowed by law including by means of an automatic telephone dialing system or pre-recorded or artificial voice message. You always have the right to decline to provide us with information and you may opt out of receiving these communications at any time after your consent has been given. There are various means to opt-out including the use of “unsubscribe” prompts contained at the bottom of email communication, changing your preferences in any notification dashboards we provide, or contacting us directly.
Functionality and Prohibited Uses of the Websites
Functionality. We may limit your ability to view, comment or undertake any activity via theWebsites at our discretion. Periodically, the Websites may become unavailable due to required maintenance or other reasons. EVOCON/OIGCN assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction or unauthorized access to, or alteration of, any content or data that you submit on, to, or through the Websites.
Prohibited Uses.
· You will not manipulate the Websites by any means, including but not limited to the use of bots, botnets, automated scripts or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component, which might overburden, impair or disrupt the Websites or any user’s use, access or experience.
· You will not interfere with, tamper with or damage the Websites in any way whatsoever, including but not limited to by trespass, burdening network capacity, or otherwise disseminating viruses, worms, spyware, adware or other harmful code.
· You will not circumvent, disable or otherwise interfere with access controls or security-related features of the Websites or any features that prevent or restrict access, use or copying of any content or enforce limitations on access to or use of the Websites.
· You will not use the Websites for any purpose other than your private, individual use.
· Where account or other personalized setup is permitted, you will not use another user’s account or otherwise impersonate any person or entity.
· You will not post or transmit any advertisement, promotion or solicitation of goods or services for commercial purposes on the Websites without EVOCON/OIGCN prior written approval (including without limitation the solicitation of users of the Websitesto become users of other online services competitive with EVOCON/OIGCN).
· You will not reverse engineer, reverse assemble or reverse compile the Websites.
· You will not post, comment, share, or otherwise use information obtained from thiswebsite, including information regarding a person’s history of criminal activity, in a way that personally attacks or harasses another person, including, but not limited to, by threatening violence against, trolling, or posting content that libels another.
· You will not use the Websites in any way that is inconsistent with these Terms andapplicable law and regulations.
Contests, Sweepstakes, and Promotions
You acknowledge that if and when EVOCON/OIGCN sponsors contests, sweepstakes, or promotions (“Special Program”), or third parties sponsor a Special Program in conjunction with EVOCON/OIGCN, either EVOCON/OIGCN or its partner will post specific terms andconditions
Termination
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable or prohibit your access to Websites or any capability we provide through the Websites. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your account.
Disclaimers of Warranties and Limitations of Liability
The website and all of the services offered therein are provided ‘as is’ without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for particular purpose and noninfringement). In no event will EVOCON/OIGCN, it’s affiliates or subsidiaries or any of their service providers, or any of their officers, directors, members, shareholders or employees, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the websites, any websites linked to the websites, any content on this or other websites, or any services or items obtained through those or other websites, including without limitation any special, indirect, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You specifically acknowledge that EVOCON/OIGCN is not liable for the defamatory, offensive or illegal conduct of other users or third-parties, and that the risk of injury from the foregoing rests entirely with you. You also acknowledge that your access to the websites may not be uninterrupted, error free, or secure. You assume total responsibility and risk for your use of the websites.
The foregoing limitation does not affect any liability which cannot be excluded or limited under applicable law.
Although EVOCON/OIGCN attempts to ensure the integrity of the materials which appear on the Websites, a possibility exists that the Websites could include inaccuracies or errors, or unauthorized additions, deletions, alterations and submissions made by third parties. EVOCON/OIGCN makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us using the information below so that it can be corrected.
In some instances, the content available through the Websites represents the opinions andjudgments of a user not under contract with EVOCON/OIGCN. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Websites by anyone other than authorized EVOCON/OIGCN employees or agents while acting in their official capacities.
Under no circumstances will EVOCON/OIGCN be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
Account Registration
In general, you may access the Websites without needing to register and for no cost in keeping with these Terms. However, to access and use certain features of the Websites, such as the user preferences available through the EVOCON/OIGCN notification program, you may have to authenticate and login using a third-party platform, such as Google, Facebook, etc. You are responsible for maintaining security and control over your third-party accounts that allow you to access these features of the Websites. We are not responsible for any losses arising out of the unauthorized use of your third-party accounts or their use to access our services. If you believe that the security of your authentication account has been compromised, you agree to immediately change your password used to access the third-party account to eliminate this security risk and to notify EVOCON/OIGCN of any known or suspected unauthorized use of, or disclosure related to, your account with us. You may contact us at contact@evoconbgc.com
Miscellaneous
Eligible Users; No Use by Children. Persons accessing the Websites should be consumers or potential consumers of the products and services being offered by us or our partners online. The Websites are not directed at or intended for use by persons under 18 years old. If you are under the age of 18 you should not be visiting the Websites. We do not knowingly collect or retain personal information from persons under the age of 18. If you are under the age of 18 and are visiting the Websites please exit immediately and do not disclose or provide any information to us. If you are a parent or guardian who thinks your child has disclosed information to us, please contact us at contact@evoconbgc.com so that we can take steps to remove that information from our systems.
Choice of Law, Venue and Jurisdiction. These
Class Action Waiver. Where permitted under applicable lab, you and EVOCON/OIGCN agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or a class member in any purported calls, private attorney general or other representative action.
Indemnification. You agree to indemnify, defend and hold harmless EVOCON/OIGCN and its directors, officers, members, shareholders, employees, representatives, affiliates, successors, agents, partners, clients, service providers and contractors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Websites, your violation of these Terms or your violation of any rights of another user of the Websites. EVOCON/OIGCN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
No Obligation to Participate in Third-Party Disputes. If there is a dispute between users of the Websites, or between a user and any third-party, including a service provider connected with you as a result of information you entered on the Websites, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third-party service providers, you release and its directors, officers, members, shareholders, employees, representatives, affiliates, successors, agents, or contractors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
No Waiver. Failure by EVOCON/OIGCN to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
No Third-Party Rights. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
No Transfer or Assignment. These Terms, and
Severability. If any provision of these Terms, or any portion thereof, is held to be invalid andunenforceable, then the remainder of these Terms nevertheless remain in full force andeffect.
Policy on Publication of Criminal Activity. EVOCON/OIGCN through its CRA program, may periodically publish content regarding local criminal activity based on information that is made available to EVOCON/OIGCN or its partners by local law enforcement. We do not control the accuracy or reliability of any information provided to us regarding such criminal activity. It is our policy not to remove any such content upon request, except in response to receipt of a court order or other government notice.