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Subscribe: Step One: Account Information

Account information
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User agreement:
EVO.ID APPLICATION AND DATA AGREEMENT

The terms and conditions of this Agreement shall govern Your use of Evolution Markets Inc.’s (“Evolution Markets”) application for providing customized market information and risk management tools referred to as evo.ID (the “evo.ID Application”), and any data made available through or generated by the evo.ID Application, including actual transactions and market quotations for various markets (collectively, the “Data”).  Evolution Markets and You may each be referred to herein as a “Party”, and may together be referred to herein as the “Parties”.

By registering for the evo.ID Application and Data and clicking “I Agree,” You agree to be legally bound by this Agreement.  Please read the following terms and conditions very carefully, as You are making the representations, warranties, agreements and acknowledgments set forth herein. 

If You do not agree with the terms and conditions in this Agreement and any set forth on the registration page, You are not authorized to use the evo.ID Application and Data, and You should not register to use the evo.ID Application and Data, click “I Agree” or otherwise proceed.  


1.	Binding Effect.  This Agreement shall be legally binding and effective upon Your clicking “I Agree” and shall be in force and govern each and every access and use of the evo.ID Application and Data by You until terminated in accordance with the terms and conditions herein.  Evolution Markets may, in its sole discretion, modify this Agreement.  You agree to check the evo.ID Application log-in webpage for updated versions of this Agreement and hereby agree to be automatically bound by the terms of such updated or modified Agreement.  Your continuing to access the evo.ID Application or Data represents Your agreement to the modified Agreement. Unless the context requires otherwise, the terms “You” and “Your” shall include you and your employer, both separately and collectively, to the extent You are using the evo.ID Application or Data on Your employer’s behalf.

2.	evo.ID Application and Data.    
(a)	Evolution Markets is the excusive owner of all rights, title and interest, including all patent, copyright, database, trade secret, trademark and other intellectual property rights, in the evo.ID Application and Data, including any updates or enhancements thereto, and all underlying data and financial models.  You acknowledge that the evo.ID Application and Data are the valuable property and trade secrets of Evolution Markets.
(b)	Evolution Markets reserves the right to, in its sole discretion, modify, disable or discontinue the evo.ID Application and Data, or any portion of either, including providing different or less functionality and data reflecting different or fewer markets.

3.	Grant.  
(a)	Evolution Markets hereby grants to You a limited, revocable, non-assignable, non-transferable, non-exclusive license to use evo.ID Application and the Data solely for the purpose of supporting Your internal evaluation of the Data and Your internal trading operations.  
(b)	Your use and access to the evo.ID Application and Data are further subject to the terms and conditions of the Evolution Markets website, any agreement between Evolution Markets and your employer, if applicable, and any additional payment terms on the evo.ID Application registration page.
(c)	Any rights not explicitly granted by Evolution Markets in this Agreement are reserved exclusively to Evolution Markets.

4.	Restrictions.  You shall not:
(a)	transfer, rent, lease, sell or authorize the transfer, rental, lease or sale of, or otherwise provide access on a timing-sharing, service bureau or other basis to, the evo.ID Application or the Data, or any portion of the evo.ID Application or Data, to any third party, including any other employee, subsidiary, division or affiliate of your employer, without Evolution Markets’ separate, prior written consent;
(b)	publish or distribute in any form, to any third party, including any other employee, subsidiary, division or affiliate of your employer, the results of any research or analysis using the evo.ID Application or the Data, or any information, reports or material derived therefrom or including or reflecting the Data;
(c)	reverse engineer, decompile, decrypt, modify or create any derivative works of the evo.ID Application or the Data; or
(d)	use or refer to Evolution Markets, evo.ID or any other tradename, trademark, service mark, logo or identifier of Evolution Markets, or any identifier confusingly similar thereto.

5.	Term and Termination.  This Agreement shall be effective upon Your registering for the evo.ID Application for an initial term of one (1) year, which term shall automatically renew for successive one (1) year terms (collectively, the “Term”) upon payment by You of the annual fees due in connection with Your registration for the evo.ID Application and Data.
(a)	Evolution Markets, in its sole discretion, may suspend or terminate Your access, to the evo.ID Application or Data immediately, without notice.
(b)	Evolution Markets may provide You with temporary access while it reviews Your registration.  Evolution Markets may accept or deny Your registration and grant or deny You access to the evo.ID Application and Data in its sole discretion, and such temporary access shall not be deemed an acceptance or a waiver of Evolution Market’s right to deny, suspend or terminate this Agreement or Your access to the evo.ID Application and Data.  
(c)	Upon termination of this Agreement or the license granted hereunder, You shall promptly return to Evolution Markets all copies of the Data and all information reports and materials including or reflecting the Data or derived therefrom as directed by Evolution Markets at Your expense, together with written certification, if requested by Evolution Markets.  

6.	Payment and Personal Information.  You agree to make the payments as set forth on the evo.ID registration page. You further agree to permit Evolution Markets to save the information You provide during your registration for the evo.ID Application, including without limitation your credit card and billing information, and to automatically charge your credit card each annual fee for your access to and use of the evo.ID Application and Data for each year this Agreement is in force and you are a subscriber to the evo.ID Application.  Evolution Markets may increase such fee in its sole discretion, and will provide notice of such fee increase on the evo.ID website or otherwise.  If You do not wish to renew this Agreement and Your right to access the evo.ID Application and Data, You must notify Evolution Markets at least forty-five (45) days prior to the end of the then current Term.

7.	Username and Password.  As part of Your registering for the evo.ID Application, You will be assigned a unique user identifier and/or password (“User ID”) for use in logging into the evo.ID Application. You agree to maintain Your User ID in confidence and not to share it with anyone or permit anyone to use it to access the evo.ID Application or Data. You are personally responsible for all accesses to and uses of the evo.ID Application and Data using Your User ID.  You shall promptly notify Evolution Markets in the event You become aware that Your User ID is or may have become accessible to a third person.

8.	Confidentiality.
(a)	As used in this Agreement, the term “Confidential Information” includes the evo.ID Application, the Data and any proprietary and confidential information of Evolution Markets and its suppliers and licensors, not generally known to the public, and proprietary to Evolution Markets, including any related trade secret information.  You acknowledge that such Confidential Information is a valuable, special, and unique asset of Evolution Markets.  You agree not to use, copy, disclose, make available or divulge the Confidential Information to any person (other than an employee of You), firm, corporation, association, or other entity for any reason or purpose whatsoever; provided, however, that the foregoing shall not apply to information which is or becomes generally available to the public not as a result of a breach of any provision in this Agreement by You, must be disclosed pursuant to governmental regulations or as required by law, or is disclosed to You by a third party having the right to disclose such information.
(b)	The provisions of this Section 8 shall survive the termination or expiration of this Agreement.

9.	Your Representations and Warranties.  You represent, and warrant and covenant that:
(a)	You have the authority to enter into this Agreement;
(b)	Your use of the evo.ID  Application and Data has and will comply with all applicable laws, rules and regulations; and
(c)	You are not engaged in a business that is competitive to Evolution Markets.

10.	Disclaimer of Warranties.  EVOLUTION MARKETS MAKES NO WARRANTY WITH RESPECT TO THE PERFORMANCE OR ACCURACY OF EVO.ID APPLICATION OR THE DATA, WHICH IS PROVIDED HEREUNDER ON AN “AS-IS” BASIS. EVOLUTION MARKETS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO EVO.ID APPLICATION AND THE DATA, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EVOLUTION MARKETS DOES NOT WARRANT THAT EVO.ID APPLICATION OR THE DATA WILL MEET YOUR REQUIREMENTS OR THAT EVO.ID APPLICATION WILL BE FREE FROM ERRORS OR FUNCTION WITHOUT INTERRUPTION.

11.	Limitation of Damages.  NEITHER EVOLUTION MARKETS NOR ANY OF ITS THIRD PARTY PROVIDERS OR LICENSORS SHALL IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES FOR ANY ALLEGED BREACH OF WARRANTY OR ACTION BROUGHT IN TORT OR STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR TO THE PERFORMANCE, OPERATION OR ACCURACY OF THE EVO.ID APPLICATION OR THE DATA, ANY DELAYS IN DELIVERY OF THE EVO.ID APPLICATION OR SUPPORT THEREOF, INCLUDING ANY TRADING LOSSES, FOREGONE GAINS, PROFITS OR FAILURE TO SUCCESSFULLY IMPLEMENT ANY INVESTMENT STRATEGY. 
IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE AMOUNT OF ANY DAMAGES PAYABLE BY EVOLUTION MARKETS SHALL BE LIMITED IN ALL CASES TO THE FEES PAID BY YOU TO EVOLUTION MARKETS FOR THE EVO.ID APPLICATION IN THE PRIOR TWELVE MONTHS PRECEDING THE DAMAGE INCURRED BY YOU.

12.	Indemnification.  You agree to indemnify, defend and hold Evolution Markets harmless from and against any demands, claims or suits by any third party (other than claims that use of the evo.ID Application as provided by Evolution Markets infringes upon the proprietary rights of such third party) arising out of or related to Your use of, or inability to use, the evo.ID Application or Data, or any portion of either, including Evolution Markets suspension or termination of Your access to, or modification of the evo.ID Application or Data.

13.	Assignment.  You may not assign Your rights hereunder without the prior written consent of Evolution Markets; however, this Agreement and any rights hereunder shall be freely assignable by Evolution Markets. This Agreement shall be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.

14.	Notices.  Any notice required or permitted to be given with respect to this Agreement shall be deemed given when delivered to You at the email or mailing address provided by You in connection with Your registration for the evo.ID Application and, with respect to Evolution Markets, at evoid@evomarkets.com.  Either Party may change its address for notices or copies of notice by giving five (5) business days prior written notice to the other Party in accordance with the provisions of this Section.

15.	Governing; Jurisdiction and Venue.
(a)	This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to conflicts of laws principles.
(b)	Any claim or action related to this Agreement shall be brought exclusively in the state or federal courts in the Southern District of the State of New York and the Parties hereto consent to the exclusive jurisdiction of such courts and hereby waive any argument that such forum is not convenient to either Party.  

16.	Amendment.  Other than as provided for in Section 1, above, this Agreement may be amended or modified only by a written modification signed by the Parties hereto.

17.	Waiver of Breach.  Any waiver by Evolution Markets or You of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any further or subsequent breach of any provision of this Agreement.

18.	Material Breach.  Failure to comply with any provision of this Agreement shall be considered a material breach of this Agreement.

19.	Unenforceability.  If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced under any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

20.	Entire Agreement.  This Agreement and the terms and conditions of the Evolution Markets website, any agreement between Evolution Markets and your employer, if applicable, and any additional payment terms on the evo.ID Application registration page set forth the entire agreement of the Parties concerning the subject matter hereto and supersedes and replaces any and all other agreements or understandings, written or oral, between the Parties concerning the subject matter hereof, including without limitation any letters of intent or letters of understanding.  In the event of any conflict between this Agreement and either the terms and conditions of the Evolution Markets website, any agreement between Evolution Markets and your employer, if applicable, and any additional payment terms on the evo.ID Application registration page, this Agreement shall control.

21.	Remedies Cumulative.  The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which a Party would otherwise have.

22.	Heading Disclaimer.  The headings or captions used in this Agreement are for reference purposes only and are not intended to be used or relied upon in interpreting or enforcing this Agreement.

23.	Survivability.  The provisions of Sections 1, 2, 4, 7-11, 12(b), 15, 17, and 19-22 shall survive expiration or termination of this Agreement.
I agree
In order to better customize your evo.ID services, please provide us with input on your market interests. Please click all that apply
Market Interest - Renewable Energy
East
West
Structured Projects
Market Interest - Weather
Weather Derivatives
Catastrophe Derivatives