EVOLUTION HOUSE LTD TERMS AND CONDITIONS
July 2024
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These Terms and Conditions (“Terms”) govern your access to the Evolution House Limited website (“we,” “our,” or “us”).
We provide access to our website ("Visitors") subject to the following Terms of Use, which may be updated by us periodically without prior notice. By browsing or using the website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. If you do not agree to any of these terms, please refrain from using the website.
Any user who registers with us (a “Registered User”) and wishes to purchase a plan or service through our website, is agreeing to the Terms and Conditions with respect to such plan or service.
We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to periodically review these Terms and Conditions for any changes. Your continued use of the website after any changes are posted signifies your acceptance of those changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-transferable right to access and use the website.
Description and Use of Website
We provide Visitors and Registered Users with access to the Services as described below.
Visitors: Visitors are individuals who do not register with us but wish to explore the website. No login is required for Visitors. Visitors can: (i) view all publicly available content on the website, and (ii) contact us via the email address provided on the website.
Registered Users: Registered Users are people who purchase services through our website. Registered Users can (i) access exclusive content available only to Registered Users such as groups and Zoom calls; (ii) create, access, manage, and update their own personal accounts on the website; (iii) post comments on the website blog; (iv) sign up for our various programs; and (v) sign up for alerts and other notifications.
Sign-in Process
During the registration process for Registered Users, Users will click on the menu bar and sign up. We will ask you to create an account, which includes an e-mail address and a password or a User may sign up with Google or Facebook.
When creating your account, you must provide true, accurate, current, and complete information. Each email address and corresponding password may only be used by one Registered User. Sharing your access credentials with others, especially if they use your credentials to access exclusive content available only to Registered Users, constitutes a material breach of these Terms and Conditions.
You are solely responsible for the confidentiality and use of your e-mail and password, as well as for any use, misuse, or communications entered through the website using one or both of them. You will promptly inform us of any need to deactivate a password or e-mail address.
At the point of signing up, you will be required to consent to the use of screenshots taken during Zoom calls which may feature your name and image for our marketing and promotional purposes. This consent is voluntary and is granted for an indefinite period unless you notify us in writing to withdraw your consent. Your right to withdraw your consent can be done at any time by contacting us at clientcare@evolutionhouse.ca. Upon receipt of your withdrawal, we will cease using your name and image for future marketing materials. However, previously published materials may continue to be used.
Our Rights and Obligations
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason; (2) to modify or change the website, or any portion of the website, and any applicable policies or terms; (3) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content; (5) subject to your consent and our privacy policy, to use your name and image obtained from the screenshot taken during Zoom calls for marketing and promotional purposes; and or (6) to terminate access of any user in its sole discretion, for any reason.
Your Obligations and Use of the Website
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You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, nor to solicit the performance of any illegal activity or any activity that infringes upon our rights or the rights of others.
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You may not trace or attempt to trace any information on any other user or visitor to the website, including any of our Registered Users.
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You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
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You may not probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website.
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You may not use the website in a manner that you know will materially damage, disable, overburden, or impair the website or interfere with any other party’s use of the website. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the website, any transaction being conducted on the website, or any other person’s use of the website.
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You may not use the website to engage in bullying, threatening, cyberstalking, intimidation, or any other form of harassment.
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You may not use the website in a manner that infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy.
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You may not use the website in a manner that violates any law, statute, ordinance, or regulation.
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You shall keep any information accessed in groups or Zoom calls confidential and shall not disclose it to anyone.
Violation of Terms and Conditions
You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website.
You also agree that any violation by you of your obligations to these Terms and Conditions will cause irreparable harm to us for which monetary damages would be inadequate. You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website. You consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If we take any legal action against you as a result of your violation of these Terms and Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us.
Intellectual Property
The website contains material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Evolution House (collectively referred to as the “Content”). The Content may be owned by us or third parties (Coaches).
You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or social media page for any purpose is expressly prohibited.
No other use is permitted without our prior written consent and we retain all rights, title, and interest, including all intellectual property rights, in and to the Content.
Registered User Content; Licenses
As a Registered User, you are permitted to post and upload your personal stories, issues, progress, and pictures ("Registered User Content") to the website. By submitting your Registered User Content, you acknowledge and agree that it will be accessible to other users. You are responsible for maintaining the confidentiality of your Registered User Content and for any obligations that arise from it. You are solely responsible for all Registered User Content that you upload, post, email, or otherwise transmit via the website.
You retain all intellectual property rights in and to your Registered User Content. By submitting Registered User Content to us, you grant us a non-exclusive, royalty-free, perpetual license to modify, compile, and combine your Registered User Content with other content and intellectual property.
By submitting Registered User Content, you represent and warrant that it is your original creation and does not infringe or misappropriate the intellectual property rights of any person. You also confirm that you have the necessary rights to grant us the license to use the Registered User Content.
Fees and Payment; Subscription
Registered Users have the option of a monthly subscription or one-time purchase of services. As consideration for any purchase of services you make on the website, you shall pay us all applicable fees. Payment can be made through a credit card, debit card or any other approved payment method such as PayPal. You will provide your full name, address and payment information. We shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees, and you hereby consent to the same. All payments will be charged and made in Canadian dollars.
Upon payment of the applicable fees, you will have access to everything the plan includes. You reserve the right to cancel your subscription at any time. In the event you cancel your subscription, you will not be billed for the next month. There won’t be a refund for the month of Service already paid unless there is a claim and proof that the services were not met.
Cancellation
You can choose to stop the Service at any time by cancelling your subscription through your user account option or sending us an e-mail, in which case your access to services will expire at the end of the initial subscription term. No further subscription fees will be charged but we shall not be obliged to refund any fees paid.
Restrictions
The Websites are only available for individuals aged 13 years or older. If you are less than 13, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Feedback
We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, Registered User Content or the website; and/or (iii) your violation of any third-party intellectual property rights. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
No Warranties; Limitation of Liability
This website, including any content or information contained within it or related services, is provided “as is”, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this website and services. We are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the website, services, content, or information contained in the website. Your sole remedy is limited to the fees you have paid us in connection with any purchase for services during the one (1) month immediately preceding the events giving rise to the claim.
While we strive to maintain the integrity and accuracy of the website, we do not guarantee the correctness or accuracy of the information or contents contained therein. If inaccuracies are identified, please notify us promptly so that corrections can be made. Information on the website may be subject to change or update without prior notice.
In the event of inaccurately priced products, we will contact the customer with accurate information and, if necessary, provide options regarding any price differences for purchased products.
Termination
We reserve the right to terminate our services to you at any time if you are in material breach of the Terms and Conditions (e.g., failure to pay subscription fees or violation of these Terms and Conditions), and you fail to remedy the breach within a reasonable timeframe as requested by us, or if the breach cannot be remedied. Additionally, we may terminate our services to you if you become insolvent. In the event of termination by us, we are not obligated to refund any subscription fees that you may have paid.
The following sections shall survive any termination of these Terms and Conditions: “Fees and Payment” (until you pay all fees due), “Your Use and Obligations”, “Intellectual Property,” “Registered User Content; Licenses,” “No Warranties; Limitation of Liability,” and Indemnification.
General Provisions
Our failure to act on or enforce any provision of the Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing.
We shall have no liability to you if we are prevented from or delayed in performing our obligations under these Terms and Conditions or from rendering our services by acts or events beyond our reasonable control.
If any part of the Terms and Conditions is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Terms and Conditions.
You are not entitled to transfer or assign your rights and obligations under the Terms and Conditions to anyone else without our prior written permission.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. Parties shall submit to the exclusive jurisdiction of the courts sitting in the Province of Alberta, Canada and waive any jurisdictional, venue, or inconvenience forum objections to such courts.
These Terms and Conditions constitute the entire agreement between you and us. If you wish to contact us in writing, please do so by email at clientcare@evolutionhouse.ca. If we have to contact you or give you notice in writing, we will do so by e-mail.
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