EVOLVING VOX, LLC
TERMS OF USE

1. Acceptance of Terms of Use
Welcome to Evolving Vox! These Terms of Use govern your use of the Evolving Vox service (the "Service"). By using the Service, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Service.
These Terms of Use constitute a binding legal agreement between you and Evolving Vox, LLC. ("Evolving Vox," "we," "us," and "our"). Please read them carefully.

2. The Evolving Vox Service
The Service allows users to rent products such as furniture and electronics (“Products”) from Evolving Vox in accordance with these Terms of Use.  You may select Products on EvolvingVox.com that you wish to rent to furnish your room.  Upon selecting the Products you will also select the duration of time (the “period”) for which you will be using the Products.  You will then pay the appropriate fee using your credit card on EvolvingVox.com’s secure server.  The amount of your fee will be determined by the Products you choose and the duration for which you choose to use them. 
The periods of use that you may choose from are measured in academic terms.  The exact dates of each term are as defined on the school registrar’s website.
If you return Products in a damaged or dirty condition that exceeds normal wear and tear, as determined by Evolving Vox in its sole discretion, or if you fail to return Products, you agree that Evolving Vox may charge your credit card for such damage or loss.  If your credit card information changes during your period of use, then you agree to inform Evolving Vox of your new credit card information.

3. Delivery
Evolving Vox will deliver the Products(s) to your room at or near the beginning of your period of use for free.  You will have three (3) days to notify Evolving Vox in writing in detail that the Product(s) are damaged or in unsatisfactory condition.  If Evolving Vox does not receive the notice within the three (3) days, the condition of the Products shall be deemed to be satisfactory.  Evolving Vox will also pick up the Products(s) at or near the end of your period of use for free. 
You must arrange a reasonable time by no later than the third day of the period of use for Evolving Vox to deliver your Products.  It may also be possible for Evolving Vox to deliver prior to the beginning of the period of use for the fall term (i.e. during orientation, although this is not guaranteed.  Evolving Vox reserves the right to pick up your Products(s) any time during the last four days of the period of use.
Sometimes, the delivered Product(s) will have a slightly different appearance than that displayed on the Evolving Vox website (i.e. a different brand of television) however the product attributes and features will be the same.

4. Billing
When you agree to rent from Evolving Vox, you must provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By using the Service, you authorize Evolving Vox or its agent to bill your credit card for the applicable fees.
If Evolving Vox does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Evolving Vox reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. Evolving Vox reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
We reserve the right to determine whether your credit card is pre-authorized to accept a minimum charge equal to the current retail value of the Products in case you fail to return or you damage a Products.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. Evolving Vox reserves the right to correct errors in website product descriptions and pricing.

5. Cancellation and Refunds
We do allow you to cancel your period of use early.  In these situations we will refund you the difference between the cost of the period you initially specified and the period you have used the Products(s) including all of the current term, less any amounts retained for damage or loss.  In order to avoid being charged for the forthcoming term, you must notify us of your cancellation at least one week prior to the end of the current term.  We charge a $15 processing fee for early cancellations. We conduct our dropoffs and pickups on specific date(s) at the beginning and end of every term. We normally will not be able to pick up your item(s) except on these dates.

6. Privacy
Any information submitted on this site is subject to our Privacy Policy.  Please contact us if you are unable to locate our Privacy Policy on this website and we will email you a copy.   Please review our Privacy Policy carefully. 

7. Disclaimers of Warranties; Limitations on Liability
The Products rented from Evolving Vox are provided "as is"; Evolving Vox  makes no representations or warranties of any kind with respect to the Products.  Evolving Vox assumes no liability or responsibility for any failures, delays, or interruptions in the shipment of Products, or any losses or damages arising from your use of the Products provided by Evolving Vox.  Evolving Vox reserves the right to refuse to deliver Products in its sole discretion.  EVOLVING VOX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE AND THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT.  EVOLVING VOX'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. EVOLVING VOX AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, PUNITIVE AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. EVOLVING VOX'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THIS SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO EVOLVING VOX BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY EVOLVING VOX TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE.

8. Indemnity
You agree to indemnify and hold Evolving Vox, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or Products in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

9. Intellectual Property
EVOLVING VOX is both a servicemark and a trademark of Evolving Vox. All Evolving Vox graphics, logos, page headers, button icons, scripts and service names are trademarks, servicemarks or trade dress of Evolving Vox. Any trademarks or servicemarks not owned by Evolving Vox that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Evolving Vox. All content and compilation thereof on this site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Evolving Vox, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

10. Termination
You agree that we, in our sole discretion, may terminate your password, account, or use of the Service or this site, and remove and discard any of your submissions from this site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, in our sole discretion and at any time, discontinue providing the Service or this site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or this site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and submissions made from your account and bar any further access to such information or to this site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to this site.

11. Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. EVOLVING VOX IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THIS SITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on this site.

12. Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of New Hampshire as such laws are applied to agreements entered into and to be performed entirely within New Hampshire between New Hampshire residents. Any controversy or claim arising out of or relating to these Terms of Use, the Service, the Products, or this site shall be settled by non-binding mediation.  If such controversy or claim cannot be resolved by mediation within 30 days of receipt of a demand for mediation, such controversy or claim will be resolved by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall not be authorized to award punitive, consequential or incidental damages.  The arbitration shall be conducted in Grafton County, New Hampshire, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New Hampshire law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using this site or the Service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Grafton County, New Hampshire.

13. Taxes
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

14. General
Evolving Vox's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using this site or the Service, you consent to receiving electronic communications from Evolving Vox. These communications will include notices about your account and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Evolving Vox is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and Evolving Vox and supersede all prior agreements between the parties regarding the subject matter contained herein.