Terms and Conditions

Effective 12/18/23 

 

1. Acceptance of Terms: 

By accessing, downloading, or using the materials from Evolv3 Consulting LLC's online leadership classes and virtual coaching sessions (collectively, "Services"), you agree to be bound by these Terms and Conditions ("Terms").  

2. Description of Service: 

The Services may include, but are not limited to, video content, live sessions, downloadable materials, interactive forums, and one-on-one coaching. 

3. Conduct: 

You are expected to use the Services in a respectful and ethical manner. Harassment, misuse of content, or violation of intellectual property rights is strictly prohibited. 

4. Membership Criteria: 

  • Eligibility: You must be at least 18 years old to become a member. By becoming a member, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these terms.  
  • Registration: To become a member, you must complete the registration process by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account. 

5. Payment and Refund Policy:

  • Payments: Payment for the Services shall be as specified on Evolv3 Consulting LLC's website https://learning.evolv3consulting.com.
  • Subscriptions: Fees will be charged monthly, quarterly, or annually based on your subscription choice. Payment will be automatically processed, and failure to pay will result in suspension or termination of membership. 
  • Refunds: All fees paid in connection with the Services are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate usage of the Services, Evolv3 Consulting LLC's decision to terminate the Services, disruption caused to the Services, either planned, accidental or intentional, or any reason whatsoever.  

6. Intellectual Property Rights: 

All materials provided as part of the Services, including text, graphics, logos, webinar content, and multimedia (collectively, “Materials”), are the sole property of Evolv3 Consulting LLC and protected by intellectual property laws. Birkman is a registered trademark of Birkman International, Inc. Certain Materials are used and adapted with permission from Birkman International, Inc. Unauthorized use or distribution of any Materials is prohibited.  

Restrictions: 

a. Users are prohibited from reproducing, distributing, modifying, adapting, translating, or creating derivative works from the Materials without prior written consent from Evolv3 Consulting LLC. 

b. Commercial use of the Materials, including selling, sublicensing, or otherwise exploiting it for financial gain, is strictly prohibited. 

c. Users may not remove or alter any copyright, trademark, or other proprietary notices included in the Materials. 

7. Disclaimers: 

The Services are provided “as is.” Evolv3 Consulting LLC makes no warranties regarding the accuracy, reliability, or effectiveness of the Services. Evolv3 Consulting LLC further disclaims all implied warranties including, but not limited to, the warranty of fitness for a particular purpose.  

8. Limitation of Liability: 

Evolv3 Consulting LLC shall not be liable for any damages, losses, expenses, costs, or liabilities arising from your use of the Services. This limitation of liability applies to all damages of any kind including, without limitation, consequential damages. 

9. Modifications to the Service: 

Evolv3 Consulting LLC reserves the right to modify or discontinue the Services with or without notice to you. 

10. Privacy Policy: 

Your privacy is important to us. Please review our Privacy Policy, which governs the use of personal information on the website and with the Services. 

11. Governing Law: 

These Terms and the interpretations hereof shall be governed exclusively by its terms and by the laws of Arkansas, without reference to its principles of conflicts of laws. Any dispute under this Agreement shall be subject to the exclusive jurisdiction of the Benton County, Arkansas Circuit Court. You consent to the personal jurisdiction of such court and waive any objection to such court’s jurisdiction and venue. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. The prevailing party shall be entitled to recover the reasonable costs and expenses incurred in connection with any mediation, suit or other action brought pursuant to this Agreement, including, without limitation, reasonable attorney’s fees. 

12. Changes to Terms: 

Evolv3 Consulting LLC reserves the right to update or change these Terms at any time. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. 

13. Contact Information: 

If you have any questions about these Terms, please contact [email protected].