1. Subject Of The Agreement
For the purpose of this Agreement, Evolution-U Limited (“EVOLUTION-U”) is selling online education services including but not limited to webinar, coaching and training services. By purchasing EVOLUTION-U services, you are entering into an “Agreement” with Evolution-U Limited. The Agreement is made effective beginning on the date on which you first purchase your service from EVOLUTION-U or use EVOLUTION-U services. By downloading, installing, loading or otherwise using EVOLUTION-U services you agree to all terms and conditions of this Agreement.
2. Grant Of Right To Limited Use
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, we hereby grant you a limited, personal, non-transferable and non-exclusive right during the Term, as defined below, to use our products and services. This Agreement will terminate immediately if you attempt to circumvent the copyright protection measures for EVOLUTION-U goods and services.
3. Intellectual Property Rights
All copyrights, trademarks, and all other intellectual property rights related to EVOLUTION-U are owned by Evolution-U Limited and are protected by international copyright law.
4. Reservation Of Rights
We expressly reserve all rights not granted in this Agreement. We do not cede any right to copy, distribute, publicly perform, display or make any other use of EVOLUTION-U products or service, or any element thereof, or the trademarks thereof.
5. System Use Restrictions
Any use of EVOLUTION-U products or services not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement.
6. Term And Termination
The term of this Agreement and the permission herein begin on the date on which you first subscribe to, download, install or otherwise use EVOLUTION-U services. Upon the termination or expiration of this Agreement, any and all of your rights hereunder shall terminate without prejudice to any rights or claims, and you shall have no right to use EVOLUTION-U products and services in any manner. Termination or expiration of this Agreement shall not create any liability against us and shall not relieve you from any liability which arises prior to termination or expiration.
7. Returns, Cancellations, And Chargebacks
Purchases are not refundable after payment however they are transferrable in the event that you are not able to attend. In the event that EVOLUTION-U needs to cancel one or more of the sessions paid for, we shall offer the option of either an alternative date or refund within 30 days on a pro-rata basis. You further agree to not file a chargeback with your credit card issuer and will dispute any chargebacks that do not comply with this policy.
8. Breach Of The Agreement
In the event of a breach of this Agreement by us, your sole remedy shall be to terminate this Agreement by delivering written notice of termination to us. In the event of a breach by you of this Agreement, we may pursue all remedies to which we are entitled under applicable law and/or this Agreement.
9. Copyright Protection
EVOLUTION-U products and services use access control and copy protection technology. An online connection is required to authenticate EVOLUTION-U products and services and verify your account. Our products may install additional components required for proper functionality of the copyright protection. We reserve the right to periodically validate your Account through subsequent online authentication. If your Account is not valid, you may not be able to use EVOLUTION-U products and services.
10. Consent To Use Of Personal Data
To facilitate the copyright protection measures, the provision of updates, and dynamically served content, product support and other services to you, including online use, you agree that we may collect, use, store and transmit technical and related information that identifies your computer (including an internet protocol address and hardware identification), operating system and application software and peripheral hardware.
11. Exclusion And Limitation Of Liability
Under the terms of this Agreement, our liability is hereby excluded and limited to the largest extent legally possible. In no event shall we liable for any damages, be they direct or indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
12. Disclaimer Of Warranties
We provide our service to you “as is” and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Nor do we warrant that the operation thereof will be free of error or that EVOLUTION-U will meet special requirements of you. No oral or written information or advice given to you by us or by an employee, representative or distributor will create a warranty for Evolution-U products or services, and you may not rely on any such information or advice.
13. Earnings Disclaimer
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase our services. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of EVOLUTION-U products and services, and that we have not authorized any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples, are only estimates of what we believe you could earn. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice.
14. General Provisions
This Agreement constitutes the entire understanding between you and us. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between us and you. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever. Nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons. We may at any time revise and alter the version of EVOLUTION-U products and services. This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded. If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement. This Agreement shall bind and inure to the benefit of Evolution-U Limited, its successors and assigns, and we may assign our rights hereunder, at our sole discretion.
All notices, reports, requests, approvals and other communications required or permitted under this Agreement must be in writing. They will be deemed given when (a) delivered personally, (b) sent by confirmed facsimile, (c) sent by commercial or overnight courier with written verification of receipt, or (d) sent by registered or certified mail, return receipt requested, postage prepaid. All communications must be sent to the receiving party’s initial address for notice given on the signature page of this Agreement or to such other address that the receiving party may have provided for purposes of notice by notice as provided in this section.
16. Complete Agreement, Amendments
This Agreement constitutes the entire understanding between the parties of the subject matter covered by this Agreement. No modification or amendment of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties.
17. Speaker Line-Up Changes
All reasonable measures will be taken to ensure the published line up do in fact present their said sessions at EVOLUTION-U. Upon publishing the line up all said individuals and organizations have been confirmed in writing. We accept no liability should any of the speakers or panelists become unavailable. The lineup is therefore subject to change.
18. Pitching and Self-Promotion
The EVOLUTION-U programs and services are established for the education and professional development of the coaching community, and are designed to be free of sales pitches, or promotions. You agree that you will not use any EVOLUTION-U products and services, as a means to promote products or services that you offer or are affiliated with. You further agree that you will not share personal or business contact details in any EVOLUTION-U session. Anyone using EVOLUTION-U products and services for self-promotion may be banned from partnering with, purchasing, or contributing to EVOLUTION-U products and services.
19. Recording Sessions Using 3rd Party Software
20. Warranties And Indemnification
You warrant and represent that: a) You have full legal right and authority to enter into and become bound by the terms of this Agreement; b) You have full legal right and authority to exercise the rights granted herein and to comply with your obligations hereunder; c) You will comply, at all times during the Term, with all applicable laws. You hereby agrees to indemnify, defend, and hold harmless us and/or our successors, assigns, officers, directors, employees, agents, and representatives from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by yourself.
21. Governing Law
Place of performance of this Agreement is under Hong Kong law.