Agreement between User and Evolvecoachinggroup.com
Welcome to evolvecoachinggroup.com. The evolvecoachinggroup.com website (the “Site”) is comprised of various web pages operated by Evolve Coaching Group LLC (“Evolve Coaching Group” or “Evolve”). Evolvecoachinggroup.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of evolvecoachinggroup.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Evolvecoachinggroup.com is an information sharing and service advertising Site. Evolvecoachinggroup.com provides information and promotes services related to individual, group, and business training, coaching, and consulting.
Visiting evolvecoachinggroup.com or sending emails to Evolve Coaching Group constitutes electronic communications. You consent to receive electronic communications. Additionally, you 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.
Children Under Thirteen
Evolve Coaching Group 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 Evolvecoachinggroup.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Evolvecoachinggroup.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Evolve Coaching Group. The contents of any Linked Site are not the responsibility of Evolve Coaching Group. This includes without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Evolve Coaching Group is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by Evolve of the site or any association with its operators.
Certain services made available via evolvecoachinggroup.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the evolvecoachinggroup.com domain, you hereby acknowledge and consent that Evolve Coaching Group may share such information and data with any third party with whom Evolve Coaching Group has a contractual relationship to provide the requested product, service or functionality on behalf of evolvecoachinggroup.com users and customers.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use evolvecoachinggroup.com. This use will be in strict accordance with these terms. As a condition of using this Site, you warrant that you will not use it for any unlawful purpose. You also warrant that you will not use this Site for any purpose prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site. Additionally, you may not use the Site in any manner which could 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 is the property of Evolve Coaching Group or its suppliers. This includes text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site. These items are 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. Evolve Coaching Group content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. 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. Also, you will not use protected content without the express written permission of Evolve and the copyright owner. Additionally, 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 Evolve Coaching Group. This includes our licensors, except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
Communication Services – Abuse
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
Communication Services – Uploads
Also by way of example, and not as a limitation, you agree that when using a Communication Service, you will not: upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Communication Services – Falsified Information
Additionally, by way of example, and not as a limitation, you agree that when using a Communication Service, you will not: falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Communication Services – Monitoring and Disclosure
Evolve Coaching Group has no obligation to monitor the Communication Services. However, Evolve Coaching Group reserves the right to review materials posted to a Communication Service. In addition, Evolve reserves the right to remove any materials in its sole discretion. Evolve Coaching Group reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Evolve Coaching Group reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Evolve Coaching Group’s sole discretion.
Communication Services – Identifying Information
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Evolve Coaching Group does not control or endorse the content, messages or information found in any Communication Service. Therefore, Evolve Coaching Group specifically disclaims any liability with regard to the Communication Services. This includes any actions resulting from your participation in any Communication Service. Evolve Coaching Group does not authorize managers and hosts to act as spokespersons. Managers and hosts views do not necessarily reflect those of Evolve Coaching Group.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Evolvecoachinggroup.com or Posted on Any Evolve Coaching Group Web Page
Evolve Coaching Group does not claim ownership of the materials you provide to evolvecoachinggroup.com. These materials include feedback and suggestions. Evolve does not claim ownership of materials you post, upload, input or submit to any Evolve Coaching Group Site. This includes our associated services. These materials are refered to collectively as “Submissions”. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Evolve Coaching Group, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. This includes permission to publish your name in connection with your Submission.
We will not pay any compensation for the use of your Submission, as stated in this agreement. Evolve Coaching Group is under no obligation to post or use any Submission you may provide. Evolve may remove any Submission at any time in Evolve Coaching Group’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Evolve Coaching Group controls, operates, and administers the Service from its office 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 Evolve Coaching Group Content accessed through evolvecoachinggroup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Evolve Coaching Group, 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. Evolve Coaching Group reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Evolve Coaching Group in asserting any available defenses.
If the parties cannot resolve any dispute between them regarding these Terms and Conditions or any provision thereof, whether in contract, tort, or otherwise, then they must resolve the dispute through final and binding arbitration, conducted by a single neutral arbitrator selected by the parties and administered by the American Arbitration Association or a similar service. The parties will conduct the arbitration in a location agreed upon by them, pursuant to the Federal Arbitration Act. The arbitrator’s decision will be final, and judgment may be entered in any court with jurisdiction.
The prevailing party in any legal or equitable action, proceeding, or arbitration arising from or related to these Terms and Conditions 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. Evolve does not allow class arbitrations or class/representative/collective actions. 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 Evolve Coaching Group agree otherwise, the arbitrator may not consolidate more than one person’s claims. They also may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. EVOLVE PERIODICALLY ADDS CHANGES TO THE INFORMATION HEREIN. IN ADDITION, EVOLVE COACHING GROUP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EVOLVE COACHING GROUP LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION IS PROVIDED “AS IS”. THIS INCLUDES SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS; ALL PROVIDED ARE WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVOLVE COACHING GROUP LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION. THIS INCLUDES SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVOLVE COACHING GROUP LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES
- THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EVOLVE COACHING GROUP LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Termination / Access Restriction
Evolve Coaching Group reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. The laws of the State of Texas will govern this agreement to the maximum extent permitted by law. You hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section, prohibits the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evolve Coaching Group as a result of this agreement or use of the Site. Evolve Coaching Group’s performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Evolve Coaching Group’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Evolve Coaching Group with respect to such use.
If applicable law determines any part of this agreement invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations stated above, then we will replace the invalid or unenforceable provision with a valid, enforceable provision that closely matches the original provision’s intent. The rest of the agreement will remain in effect.
Scope of Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Evolve regarding this Site. It supersedes all prior or contemporaneous communications and proposals between the user and Evolve with respect to the Site. This is regardless of whether or not such communications and proposals are electronic, oral or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties express their wish for writing this agreement and all related documents in English.
Changes to Terms
Evolve Coaching Group reserves the right to change the Terms under which Evolvecoachinggroup.com is offered, in its sole discretion. The most current version of the Terms will supersede all previous versions. Evolve Coaching Group encourages you to periodically review the Terms to stay informed of our updates.
Evolve Coaching Group welcomes your questions or comments regarding the Terms:
Evolve Coaching Group LLC
2450 Oak Hill Cir, Apt 2213
Fort Worth, Texas 76109
Effective as of October 01, 2019