Request The Evac Plan®
Website Terms of Use/Privacy Policy
Updated 08/20/2024

Agreement between User and theevacplan.com

Welcome to theevacplan.com. The theevacplan.com website (the “Site”) is comprised of various web pages operated by The Evac Plan. Theevacplan.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of theevacplan.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. theevacplan.com is a site that requests some information from clients in order to help assist them in getting their free evac plan.

Electronic Communications

Visiting theevacplan.com or sending emails to The Company constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Right to Opt Out and Remove Your Information

If you want your information removed completely from our database, send us an email to admin@theevacplan.com, along with your confirmation number received after signing up, and your information will be permanently removed.

You can opt out of receiving these emails, and all other communications from us by following the instructions above. If you use this method, you will stop receiving promotional emails only from the line of business or business unit that sent you the message, as well as all other forms of communication from us.

Children Under Thirteen

The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use theevacplan.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

theevacplan.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Company, and The Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site or any association with its operators.

Certain services made available via theevacplan.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the theevacplan.com domain, you hereby acknowledge and consent that The Company may share such information and data with any third party with whom The Company has a contractual relationship to provide the requested product, service, or functionality on behalf of theevacplan.com users and customers.

Web Cookies

We use third-party data collection, including Facebook Pixel, Google Analytics, and other tools to customize content and advertising, to provide social media features, and to analyze traffic to the site. We also share information about your use of our site with our trusted social media, advertising, and analytics partners.

To opt out of the collection and use of information for ad targeting, you can opt out by using resources such as http://www.aboutads.info/choices and http://www.youronlinechoices.eu.

Data Use

To help target our advertising to those it’s relevant to, we use data submitted via evac plan requests to ensure you do not see our ads again on social media platforms and to create lookalike audiences.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use theevacplan.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Company or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by The Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Company Content accessed through theevacplan.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.