Welcome to https://www.sd-evolution.com/. The https://www.sd-evolution.com/ website (the"Site") is comprised of various web pages operated by SD Evolution ("SDE"). https://www.sd-evolution.com/ is offered to you conditioned on your acceptance without modification of the terms,conditions, and notices contained herein (the "Terms"). Your use of https://www.sd-evolution.com/constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copyof them for your reference.
https://www.sd-evolution.com/ is an E-Commerce Site.
We provide online health coaching services and resources.
Visiting https://www.sd-evolution.com/ or sending emails to SDE constitutes electroniccommunications. You consent to receive electronic communications and you agree that allagreements, notices, disclosures and other communications that we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communications be in writing.
SDE does not knowingly collect, either online or offline, personal information from persons underthe age of thirteen. If you are under 18, you may use https://www.sd-evolution.com/ only withpermission of a parent or guardian.
I understand that this Program is not a cancel-anytime model and that I hereby promise to makemonthly payments for a minimum of two (2) months in accordance with the terms of thisAgreement. Two (2) months after the Effective Date, I understand that I have the opportunity tocancel my commitment to the Program at any time should I provide SD Evolution or JoshuaScutnik written fourteen (14) days’ notice of my intent to cancel my commitment to the Program.This notice period ensures that all parties are given enough time to prepare for the transition out ofthe Program. However, as noted throughout this Agreement, no refunds shall be given in anysituation. This means that if I choose to cancel my Program commitment midway through themonth, I acknowledge I will not be refunded any fees paid.
https://www.sd-evolution.com/ may contain links to other websites ("Linked Sites"). The LinkedSites are not under the control of SDE and SDE is not responsible for the contents of any LinkedSite, including without limitation any link contained in a Linked Site, or any changes or updates to aLinked Site. SDE is providing these links to you only as a convenience, and the inclusion of anylink does not imply endorsement by SDE of the site or any association with its operators.
Certain services made available via https://www.sd-evolution.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from thehttps://www.sd-evolution.com/ domain, you hereby acknowledge and consent that SDE may sharesuch information and data with any third party with whom SDE has a contractual relationship toprovide the requested product, service or functionality on behalf of https://www.sd-evolution.com/users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and usehttps://www.sd-evolution.com/ strictly in accordance with these terms of use. As a condition ofyour use of the Site, you warrant to SDE that you will not use the Site for any purpose that isunlawful or prohibited by these Terms. You may not use the Site in any manner which coulddamage, disable, overburden, or impair the Site or interfere with any other party's use andenjoyment of the Site. You may not obtain or attempt to obtain any materials or informationthrough any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of SDE or its suppliers andprotected by copyright and other laws that protect intellectual property and proprietary rights. Youagree to observe and abide by all copyright and other proprietary notices, legends or otherrestrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.SDE content is not for resale. Your use of the Site does not entitle you to make any unauthorizeduse of any protected content, and in particular you will not delete or alter any proprietary rights orattribution notices in any content. You will use protected content solely for your personal use, andwill make no other use of the content without the express written permission of SDE and thecopyright owner. You agree that you do not acquire any ownership rights in any protected content.We do not grant you any licenses, express or implied, to the intellectual property of SDE or ourlicensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities,personal web pages, calendars, and/or other message or communication facilities designed toenable you to communicate with the public at large or with a group (collectively, "CommunicationServices"). You agree to use the Communication Services only to post, send and receive messagesand material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such asrights of privacy and publicity) of others; publish, post, upload, distribute or disseminate anyinappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, materialor information; upload files that contain software or other material protected by intellectualproperty laws (or by rights of privacy of publicity) unless you own or control the rights thereto orhave received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise oroffer to sell or buy any goods or services for any business purpose, unless such CommunicationService specifically allows such messages; conduct or forward surveys, contests, pyramid schemesor chain letters; download any file posted by another user of a Communication Service that youknow, or reasonably should know, cannot be legally distributed in such manner; falsify or deleteany author attributions, legal or other proper notices or proprietary designations or labels of theorigin or source of software or other material contained in a file that is uploaded; restrict or inhibitany other user from using and enjoying the Communication Services; violate any code of conductor other guidelines which may be applicable for any particular Communication Service; harvest orotherwise collect information about others, including e-mail addresses, without their consent;violate any applicable laws or regulations.
SDE has no obligation to monitor the Communication Services. However, SDE reserves the rightto review materials posted to a Communication Service and to remove any materials in its solediscretion. SDE reserves the right to terminate your access to any or all of the CommunicationServices at any time without notice for any reason whatsoever.
SDE reserves the right at all times to disclose any information as necessary to satisfy anyapplicable law, regulation, legal process or governmental request, or to edit, refuse to post or toremove any information or materials, in whole or in part, in SDE's sole discretion.
Always use caution when giving out any personally identifying information about yourself or yourchildren in any Communication Service. SDE does not control or endorse the content, messagesor information found in any Communication Service and, therefore, SDE specifically disclaims anyliability with regard to the Communication Services and any actions resulting from yourparticipation in any Communication Service. Managers and hosts are not authorized SDEspokespersons, and their views do not necessarily reflect those of SDE.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,reproduction and/or dissemination. You are responsible for adhering to such limitations if youupload the materials.
SDE does not claim ownership of the materials you provide to https://www.sd-evolution.com/(including feedback and suggestions) or post, upload, input or submit to any SDE Site or ourassociated services (collectively "Submissions"). However, by posting, uploading, inputting,providing or submitting your Submission you are granting SDE, our affiliated companies andnecessary sublicensees permission to use your Submission in connection with the operation of theirInternet businesses including, without limitation, the rights to: copy, distribute, transmit, publiclydisplay, publicly perform, reproduce, edit, translate and reformat your Submission; and to publishyour name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.SDE is under no obligation to post or use any Submission you may provide and may remove anySubmission at any time in SDE's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant andrepresent that you own or otherwise control all of the rights to your Submission as described in thissection including, without limitation, all the rights necessary for you to provide, post, upload, inputor submit the Submissions.
The Service is controlled, operated and administered by SDE from our offices within the USA. Ifyou access the Service from a location outside the USA, you are responsible for compliance withall local laws. You agree that you will not use the SDE Content accessed through https://www.sd-evolution.com/ in any country or in any manner prohibited by any applicable laws, restrictions orregulations.
You agree to indemnify, defend and hold harmless SDE, its officers, directors, employees, agentsand third parties, for any losses, costs, liabilities and expenses (including reasonable attorney'sfees) relating to or arising out of your use of or inability to use the Site or services, any userpostings made by you, your violation of any terms of this Agreement or your violation of any rightsof a third party, or your violation of any applicable laws, rules or regulations. SDE reserves theright, at its own cost, to assume the exclusive defense and control of any matter otherwise subjectto indemnification by you, in which event you will fully cooperate with SDE in asserting anyavailable defenses.
In the event the parties are not able to resolve any dispute between them arising out of orconcerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, orotherwise at law or in equity for damages or any other relief, then such dispute shall be resolvedonly by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a singleneutral arbitrator and administered by the American Arbitration Association, or a similar arbitrationservice selected by the parties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding or arbitration arises out of or concerns theseTerms and Conditions, the prevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms andConditions or any disputes arising as a result of these Terms and Conditions, whether directly orindirectly, including Tort claims that are a result of these Terms and Conditions. The parties agreethat the Federal Arbitration Act governs the interpretation and enforcement of this provision. Theentire dispute, including the scope and enforceability of this arbitration provision shall bedetermined by the Arbitrator. This arbitration provision shall survive the termination of these Termsand Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; classarbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCHAS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THEOTHER. Further, unless both you and SDE agree otherwise, the arbitrator may not consolidatemore than one person's claims, and may not otherwise preside over any form of a representativeor class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THEINFORMATION HEREIN. SD EVOLUTION AND/OR ITS SUPPLIERS MAY MAKEIMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SD EVOLUTION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUTTHE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACYOF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "ASIS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SD EVOLUTIONAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONSWITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL SD EVOLUTION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES ORANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGESFOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAYCONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAYOR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF ORFAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ONCONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SDEVOLUTION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THEPOSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OFTHESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TODISCONTINUE USING THE SITE.
SDE reserves the right, in its sole discretion, to terminate your access to the Site and the relatedservices or any portion thereof at any time, without notice. To the maximum extent permitted bylaw, this agreement is governed by the laws of the State of Connecticut and you hereby consent tothe exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relatingto the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect toall provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists betweenyou and SDE as a result of this agreement or use of the Site. SDE's performance of this agreementis subject to existing laws and legal process, and nothing contained in this agreement is inderogation of SDE's right to comply with governmental, court and law enforcement requests orrequirements relating to your use of the Site or information provided to or gathered by SDE withrespect to such use. If any part of this agreement is determined to be invalid or unenforceablepursuant to applicable law including, but not limited to, the warranty disclaimers and liabilitylimitations set forth above, then the invalid or unenforceable provision will be deemed supersededby a valid, enforceable provision that most closely matches the intent of the original provision andthe remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the userand SDE with respect to the Site and it supersedes all prior or contemporaneous communicationsand proposals, whether electronic, oral or written, between the user and SDE with respect to theSite. A printed version of this agreement and of any notice given in electronic form shall beadmissible in judicial or administrative proceedings based upon or relating to this agreement to thesame extent and subject to the same conditions as other business documents and records originallygenerated and maintained in printed form. It is the express wish to the parties that this agreementand all related documents be written in English.
SDE reserves the right, in its sole discretion, to change the Terms under which https://www.sd-evolution.com/ is offered. The most current version of the Terms will supersede all previousversions. SDE encourages you to periodically review the Terms to stay informed of our updates.