1. ACCEPTANCE OF TERMS
This website located at www.evoretail.com (the "Site") is provided by Evolution Robotics Retail, Inc. ("Evolution Robotics Retail") subject to your acceptance of the following Terms of Service ("Agreement") which may be updated by Evolution Robotics Retail from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this Agreement. You can review the most current version of this Agreement at any time at this page (http://www.evoretail.com/terms). You accept the terms and conditions of this Agreement by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE.

2. REGISTRATION
In some circumstances (e.g., if you choose to download product information offered on the Site), you may be required to provide certain registration information to Evolution Robotics Retail. In consideration of your access to certain product information, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current, and complete information about yourself and/or your company as prompted by any registration form associated with the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Evolution Robotics Retail has a reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Evolution Robotics Retail has the right to suspend or terminate your registration and refuse any and all current or future use of the Site.

3. PRIVACY POLICY
Registration information and certain other information about you may be collected during your use of the Site. Collected information is subject to the Evolution Robotics Retail Privacy Policy, located at www.evoretail.com/policy/privacy.html, which is incorporated herein by this reference.

4. ACCEPTABLE AND LAWFUL USE OF SITE
You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Evolution Robotics Retail or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Evolution Robotics Retail reserves the right to edit or remove content in its sole discretion. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Evolution Robotics Retail or someone else, or spoof Evolution Robotics Retail or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Evolution Robotics Retail reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method. You agree to not (i) use any method to intercept or expropriate any system data or information from the Site without the express written permission of Evolution Robotics Retail; or (ii) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Site web pages or the content contained herein without the prior expressed written permission of Evolution Robotics Retail.

5. SYSTEM OUTAGES
Evolution Robotics Retail periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Evolution Robotics Retail shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

6. NO WARRANTY
EVOLUTION ROBOTICS RETAIL PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EVOLUTION ROBOTICS RETAIL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. EVOLUTION ROBOTICS RETAIL MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES EVOLUTION ROBOTICS RETAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVOLUTION ROBOTICS RETAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

7. OTHER LIMITATIONS OF LIABILITY
IN NO EVENT WHATSOEVER SHALL EVOLUTION ROBOTICS RETAIL, ITS PARENT COMPANY, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SITE. EVOLUTION ROBOTICS RETAIL NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF EVOLUTION ROBOTICS RETAIL, OUR PARENT COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL EVOLUTION ROBOTICS RETAIL'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED US$50. IN ANY EVENT, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Evolution Robotics Retail, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.

9. INTELLECTUAL PROPERTY

9.1 Generally
All pages within the Site are the property of Evolution Robotics Retail (provided that such pages may contain or link to third party intellectual property). The Site is protected by federal and international copyright and trademark laws. No portion of the materials on or from the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of Evolution Robotics Retail. You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Evolution Robotics Retail.

9.2 Trademark Notice
All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of Evolution Robotics Retail or the trademark owner.

10. GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any suit relating to this Agreement or the Site shall be brought exclusively in the federal or state courts of California and both parties consent to the jurisdiction thereof.

11. MISCELLANEOUS
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of either party to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce such provision. No delay or failure of either party in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between Evolution Robotics Retail and you pertaining to the subject matter hereof. In its sole discretion, Evolution Robotics Retail may amend or modify this Agreement or any other documents referenced herein at any time by posting a revised version or versions on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Evolution Robotics Retail. Evolution Robotics Retail may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

12. NOTICES
Notices to Evolution Robotics Retail shall be by email or certified mail, return receipt requested, at: info@evoretail.com or, if by certified mail, Evolution Robotics Retail, Inc., 130 West Union Street, Pasadena, CA 91103 USA.

Last Update: December 13, 2005