Terms & Conditions
Evolving Up LLC, its subsidiaries and its owners (collectively known as the “Operator” or “we” or “our”) own and operate our Website, located at https://evolvingup.com, (known as the “Website”) and provide Services (known as “Services”). This web page represents our Terms & Conditions (known as “Terms & Conditions”). This Terms & Conditions was posted on August 28, 2020 and last updated on August 30, 2020.
Please read the Legal Agreements carefully before accessing or using the Website. You explicitly and implicitly agree to be bound by our Legal Agreements each time you access our Website. If you do not wish to be so bound, please do not use or access our Website or Services. We may amend the Legal Agreements at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
The Website is available only to individuals who are at least 13 years old.
Client Area Account
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify the Operator of any unauthorized uses of your account or any other breaches of security. The Operator will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to the Website
If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
- Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
- The Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
By submitting Content to the Operator for inclusion on our Website, you grant the Operator a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, the Operator has the right (though not the obligation) to, in the Operator’s sole discretion (i) refuse or remove any content that, in the Operator’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Operator’s sole discretion. The Operator will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Evolving Up LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of electronic documents and related services through our Website, strictly in accordance with our Legal Agreements.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Evolving Up LLC. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. All intellectual property rights are reserved. You may access this from Evolving Up LLC for your own personal use subjected to restrictions set in these terms and conditions. You must not:
- Republish material from Evolving Up LLC
- Sell, rent or sub-license material from Evolving Up LLC
- Reproduce, duplicate or copy material from Evolving Up LLC
- Redistribute content from Evolving Up LLC
Evolving Up LLC aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Evolving Up LLC, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Evolving Up LLC. Evolving Up LLC prohibits use of any logo of Evolving Up LLC or any of its affiliates as part of a link to or from any Website unless Evolving Up LLC approves such link in advance and in writing. Fair use of Evolving Up LLC’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Evolving Up LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Evolving Up LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Evolving Up LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Evolving Up LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Evolving Up LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Evolving Up LLC. Such links are provided for your reference only. Evolving Up LLC does not monitor or control outside Websites and is not responsible for their content. Evolving Up LLC’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Evolving Up LLC’ inclusion of the links imply that Evolving Up LLC is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of Links from Our Website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Copyright Infringement and DMCA Policy
As the Operator asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify the Operator in accordance with common DMCA policies. The Operator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Operator or others, the Operator may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, the Operator will have no obligation to provide a refund of any amounts previously paid to the Operator. You further agree not to change or delete any proprietary notices from materials downloaded from the site. You must retain our copyright notice in the policy you create unless you have purchased a premium policy in which case you may remove our copyright notice from your generated policy.
Postings on our Website are made at such times as Evolving Up LLC determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Evolving Up LLC does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
You understand that we offer products and services (“Services”) for sale, as through our Website. The Website does not handle payments for these products directly but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy. Unless expressly noted in writing for a particular Services, we do not issues refunds for Services.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY Evolving Up LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Evolving Up LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Evolving Up LLC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Evolving Up LLC OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Evolving Up LLC’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Evolving Up LLC FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Evolving Up LLC DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. Evolving Up LLC AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.
Evolving Up LLC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with this Legal Agreements and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to defend, indemnify and hold Evolving Up LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Services you purchase through it.
The Operator may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate our Legal Agreements, you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by the Operator if you materially breach the Legal Agreements and fail to cure such breach within 14 (fourteen) days from the Operator’s notice to you thereof; provided that, the Operator can terminate the Website immediately as part of a general shut down of our service. All provisions of the Legal Agreements which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Legal Agreements constitute the entire agreement between the Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Operator, or by the posting by the Operator of a revised version. Except to the extent applicable law, if any, provides otherwise, our Legal Agreements, any access to or use of the Website will be governed by the laws of the state of Colorado, United States, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver, Colorado. If any part of our Legal Agreements is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Legal Agreements or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Legal Agreements to any party that consents to, and agrees to be bound by, its terms and conditions; the Operator may assign its rights under this Legal Agreements without condition. This Legal Agreements will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Legal Agreements, please contact us by using the contact information on our contact page.
The Operator reserves the right, at its sole discretion, to modify or replace any part of our Legal Agreements. It is your responsibility to check the Legal Agreements periodically for changes. Your continued use of or access to the Website following the posting of any changes to our Legal Agreements constitutes your acceptance of those changes. The Operator may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Legal Agreements.
By using our Website & Services, you hereby consent to the Legal Agreements and agree to their terms and conditions.