Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using www.evolutionnutrition.com (the “Site,”), you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site.
Evolution Nutrition, Inc. (sometimes referred to as “Evolution Nutrition,” “we,” or “us”) may revise and update these Terms of Use and the Evolution Nutrition Privacy Policy at any time. Your continued usage of the Site and/or software (the “Evolution Nutrition Software,” and, together with Site, the “Evolution Nutrition Services”) will mean you accept those changes.


The Services Do Not Provide Medical Advice
The contents of the Evolution Nutrition Services, such as text, graphics, images, information, charts, obtained from Evolution Nutrition’s licensors, including information, advice and coaching received either in written or oral format, and other material contained in the Evolution Nutrition Services (“Content”) are for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or from the Evolution Nutrition Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Evolution Nutrition does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Evolution Nutrition Services. Reliance on any information provided by Evolution Nutrition (including its licensors), Evolution Nutrition employees, Evolution Nutrition contractors, Evolution Nutrition agents, Evolution Nutrition affiliates, others commenting on the Site at the invitation of Evolution Nutrition, or other users of the Site is solely at your own risk.


Compliance With Laws and Licensure
You will comply with all applicable laws in connection with your use of the Evolution Nutrition Services, including without limitation maintaining any necessary licenses or permits that may be required to render services to others in connection with the Evolution Nutrition Services.


Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that the Evolution Nutrition Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.


Use of Content
Evolution Nutrition authorizes you to use the Content solely for your personal, noncommercial use. You may print, download and otherwise make copies of Content provided that you include the following copyright notice: “Copyright ©2010, Evolution Nutrition, Inc. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site or through the Evolution Nutrition Software may be included elsewhere within the Site and the Evolution Nutrition Software and are incorporated by reference into these Terms of Use.


The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Evolution Nutrition or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Evolution Nutrition. All rights not expressly granted herein are reserved to Evolution Nutrition and its licensors.


If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.


Liability of Evolution Nutrition and Its Licensors
The use of the Evolution Nutrition Services and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Evolution Nutrition and its licensors. Accordingly, Evolution Nutrition assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Evolution Nutrition Software.


The Evolution Nutrition Services and the Content are provided on an “as is” basis. EVOLUTION NUTRITION AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Evolution Nutrition and its licensors make no representations or warranties about the following:


    1.    The accuracy, reliability, completeness, currentness, or timeliness of the Content, including without limitation software, text, graphics, links, charts, information or communications provided on or through the use of the Site or Evolution Nutrition Software.
    2.    The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of Content, including without limitation any software tools contained on the Site.

In no event shall Evolution Nutrition, its licensors, or any third parties mentioned on the Site or in the Evolution Nutrition Software be liable for any damages (including, without limitation, special, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Evolution Nutrition Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Evolution Nutrition, its licensors, or any third parties mentioned on the Site or in the Evolution Nutrition Software are advised of the possibility of such damages. In the event that Evolution Nutrition, its licensors, or any third parties mentioned on the Site and in the Evolution Nutrition Software shall be liable for damages, they shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Evolution Nutrition, its licensors, or any third parties mentioned on the Site or in the Evolution Nutrition Software are not liable for any personal injury, including death, caused by your use or misuse of the Site, Evolution Nutrition Software, Content, or “Public Areas” (as defined below). Any claims arising in connection with your use of the Site, the Evolution Nutrition Software, any Content, or the Public Areas must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.


User Submissions
The personal information you submit to Evolution Nutrition is governed by the Evolution Nutrition Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Evolution Nutrition Privacy Policy, these Terms of Use shall govern.


You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, forums, article or other postings, user reviews of products, including drug products, etc.) that infringe or violate any rights of any person. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.


If you make any such submission you agree that you will not send or transmit to Evolution Nutrition by email, (including through the email addresses listed on the “Contact Us” page), or by mail, any communication or content that infringes or violates any rights of any person. If you submit any business information, idea, concept or invention to Evolution Nutrition by email, you agree such submission is non-confidential for all purposes.


If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Evolution Nutrition by email or by mail, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Evolution Nutrition a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Evolution Nutrition may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Evolution Nutrition by email or mail. We try to answer every correspondence in a timely manner but are not always able to do so.


User Submissions — Image, Video, Audio Files
You agree to only post or upload media (such as photos, videos or audio files) that you have taken yourself or that you have all rights to transmit and license and which do not infringe or violate trademark, copyright, privacy or any other rights of any other person. Please note that photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.


To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (including without limitation name, phone number, email address or website URL.) of you or of anyone else. Uploading media such as images or video of other people without their permission (or, if a minor, his or her parent’s or legal guardian’s permission) is strictly prohibited.


By uploading any media on the Site, you warrant that you have permission from all persons appearing in such media for you to upload such media (or, if a minor, his or her parent’s or legal guardian’s permission) and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.


It is strictly prohibited to upload media of any kind that contain any expressions of hate, any abuse, any offensive images or conduct, any obscenity, any pornography, any sexually explicit material or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Evolution Nutrition Privacy Policy.


You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, Evolution Nutrition Services or Content.


By uploading any media, you (a) grant to Evolution Nutrition a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in the media; and (b) certify that any person pictured in the submitted media (or, if a minor, his or her parent or legal guardian) authorizes Evolution Nutrition to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in such media; and (c) agree to indemnify Evolution Nutrition and its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms of these Terms of Use.


Evolution Nutrition reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, in its sole discretion.


Security
Evolution Nutrition takes security very seriously. Evolution Nutrition never sends your login credentials in the clear and ensures that whenever it does send that data across the Internet, it is always encrypted.


Passwords
Evolution Nutrition has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Evolution Nutrition user name, passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your user name and activation codes and passwords; (2) authorize, monitor, and control access to and use of your Evolution Nutrition account, user name and password; (3) promptly inform Evolution Nutrition of any need to deactivate a user name or password. You grant Evolution Nutrition and all other persons involved in the operation of the Evolution Nutrition Services the right to use (including without limitation to transmit, monitor, retrieve and store) your information in connection with the operation of the Evolution Nutrition Services. Evolution Nutrition cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Evolution Nutrition Services.


Evolution Nutrition Community and Public Areas

If you use the Site blogs, message boards, forums, article or other postings, user reviews or other user communities (the “Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Evolution Nutrition and its licensors are not responsible for the consequences of any communications in the Public Areas.


The following actions shall constitute a material breach of these Terms of Use:
    1.    Using a Public Area for any purpose in violation of local, state, federal or international laws or regulations;
    2.    Posting material that infringes or violates the intellectual property rights of others or infringes or violates the privacy or publicity rights of others;
    3.    Posting material that is unlawful, obscene, defamatory, threatening, harassing (or encourages harassment), abusive, tortious, defamatory, slanderous, libelous, hateful or embarrassing to any other person as determined by Evolution Nutrition in its sole discretion;
    4.    Posting material that contain nudity or is obscene, pornographic, sexually explicit, or is otherwise offensive, as determined by Evolution Nutrition in its sole discretion.
    5.    Posting material that contains graphic or gratuitous violence as determined by Evolution Nutrition in its sole discretion.
    6.    Posting material that are misleading, malicious or discriminatory as determined by Evolution Nutrition in its sole discretion.
    7.    Providing resources to or otherwise supporting any organization designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
    8.    Posting advertising or promotional materials;
    9.    After receiving a warning from Evolution Nutrition, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
    10.    Posting chain letters or pyramid schemes;
    11.    Impersonating another person or misrepresenting your affiliation with another person;
    12.    Distributing viruses, worms, defects, Trojan horses, or other similar destructive or harmful items;
    13.    Harvesting or otherwise collecting information about others, including email addresses, without their consent for posting or viewing comments;
    14.    Allowing any other person to use your identification for posting or viewing comments
    15.    Posting the same note more than once or “spamming”;
    16.    Using the Evolution Nutrition Services in any manner that could damage, disable, overburden, disrupt, or impair the Evolution Nutrition Services or Site, or the network(s) connected to the Site, or engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Evolution Nutrition, exposes Evolution Nutrition or any of its users or licensors to any liability or detriment of any type;
    17.    Modifying, adapting, translating, reverse engineering, decompiling, or disassembling the Site or Evolution Nutrition Services;
    18.    Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or Evolution Nutrition Services;
    19.    Framing, reformatting, or otherwise making the Evolution Nutrition Services available to third parties;
    20.    Creating user accounts using any automated means or under false pretenses;
    21.    Preparing derivative works based on the Site or Evolution Nutrition Services; or
    22.    Removing any proprietary notices, labels, or other identifying marks on content provided through the Site or Evolution Nutrition Services.

Evolution Nutrition reserves the right (but is not obligated) to do any or all of the following:
    1.    Record the dialogue in public chat rooms.
    2.    Investigate an allegation that a communication does not conform to these Terms of Service and determine in its sole discretion to remove or request the removal of the communication.
    3.    Remove communications which are abusive, illegal, disruptive or that otherwise fail to conform with these Terms of Use.
    4.    Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.
    5.    Monitor, edit or disclose any communication in the Public Areas.
    6.    Edit or delete any communication posted on the Site, regardless of whether such communication violates these standards.


You agree that Evolution Nutrition and its licensors shall have no liability or responsibility to users of the Evolution Nutrition Services or any other person for performance or nonperformance of the aforementioned activities.


Advertisements, Searches, and Links to Other Sites
Evolution Nutrition may provide links to third-party websites. Evolution Nutrition also may select certain sites as priority responses to search terms you enter, and Evolution Nutrition may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Evolution Nutrition does not recommend and does not endorse the content on any third-party websites. Evolution Nutrition is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use or terms of service for such sites. Evolution Nutrition does not endorse any product, service, program or treatment advertised on the Site or in the Evolution Nutrition Software.


You will be able to remit payment for Evolution Nutrition Services through third party payment.  Although we may share a limited amount of your information with such third party sites in order to initiate payment, and information so shared will be subject to the Evolution Nutrition Privacy Policy, your dealings with such third party sites will be subject to such third party sites’ privacy policies and terms of service or use, as explained in the preceding paragraph.

Subscription
You agree that you are purchasing an ongoing subscription, and that you will be billed to your designated payment method each month until you cancel your subscription by clicking the “CANCEL YOUR SUBSCRIPTION” button on the “Subscription Settings” tabs in your “Account Settings.” Your subscription will expire at the end of the month in which you request cancellation. After cancellation, you will not have access to the data associated with your account.  You can make changes to your account at any time during the month.  You may be charged a prorated amount for any changes made to the current month, and your new total monthly charges will be adjusted at the following billing cycle.

Indemnity
You agree to defend, indemnify, and hold Evolution Nutrition, its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.


General
Evolution Nutrition is a California corporation with principal offices in San Diego County, California. Evolution Nutrition makes no claims that Evolution Nutrition, Site, Evolution Nutrition Software and the Content are appropriate or may be downloaded outside of the United States. Access to the Evolution Nutrition Services or Content may not be legal by certain persons or in certain countries. If you access the Evolution Nutrition Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Evolution Nutrition and Its Licensors, User Submissions, User Submissions – Image, Video, Audio files, Indemnity, Jurisdiction, Notices, and Complete Agreement.


Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Evolution Nutrition, or in any way relating to your use of the Evolution Nutrition Services, resides exclusively in the state and federal courts in San Diego, California and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts in San Diego, California, in connection with any such dispute including any claim involving Evolution Nutrition or its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, including without limitation its service providers and content providers.


These Terms of Use are governed by the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Notices
Evolution Nutrition may be required by state or federal law to notify you of certain events. In addition, Evolution Nutrition may need to notify you from time to time regarding changes to these Terms of Service, the Evolution Nutrition Privacy Policy or the Evolution Nutrition Services. You agree that such notices will be effective upon Evolution Nutrition posting them on the Site, sending them to you through email or postal mail or notifying you via other means required by law. Evolution will use the contact information provided to it by you.  If you do not provide Evolution Nutrition with accurate information to contact you, Evolution Nutrition will not be held liable if it fails to notify you.
You consent to receiving any notices regarding these Terms of Service, the Evolution Nutrition Privacy Policy, the Evolution Nutrition Services or any notice required by law, including notice of a any breach of security involving your personally identifiable information, by posting them on the Site or by notifying through email or postal mail.


Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the Evolution Nutrition Services infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Evolution Nutrition’s copyright agent (identified below) and providing the following information:


    1.    Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
    2.    Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
    3.    Your name, address, telephone number and (if available) email address.
    4.    A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
    5.    A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
    6.    A signature or the electronic equivalent from the copyright holder or authorized representative.

Evolution Nutrition’s agent for copyright issues is as follows:
Evolution Nutrition, Inc. 


Attn: Legal
228 S. Cedros, Suite E
Solana Beach, CA 92075

In an effort to protect the rights of copyright owners, Evolution Nutrition maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Evolution Nutrition Services who are repeat infringers.


Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and the Evolution Nutrition Privacy Policy constitute the entire agreement between you and Evolution Nutrition with respect to the use of the Evolution Nutrition Services and Content.


Thank you for your cooperation. Questions or comments regarding this website should be submitted to:
Evolution Nutrition
Attn: Operations
228 S Cedros, Suite E
Solana Beach, CA 92075

 

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