Terms & Conditions

Terms and Conditions of evolvingground.org, last updated March 15, 2022

Introduction

Welcome to evolvingground.org. The Evolving Ground Website (the “Website”) is comprised of various web pages operated by Evolving Ground Limited, a Colorado Limited Liability Company (“eG”). eG provides services including coaching/meditation/practice/yogas (etc) among our other like programs, products and services.  

Access to the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”). These Terms and Conditions disclose our policies for how you may use the Website and our content, programs, products and services. They outline your rights and obligations with regard to our Website. These Terms and Conditions apply to all Website visitors, customers, and all other users of the Website.

Your use of evolvingground.org constitutes your agreement to abide and be bound by all such Terms and Conditions, without modification. Please read this document carefully and keep a copy of it for your reference.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, PLEASE NAVIGATE AWAY FROM THIS WEBSITE.

Definitions

The “Company,” “We,” “us,” and “our” means Evolving Ground Limited.

“User,” “you,” and “your” means Website visitors, customers, and any other users of our Website.

“Service” and “Services” means (but are not limited to) informational/promotional newsletters, digital products, resources, courses, physical products, coaching and guidance services, group virtual programs, membership programs, blogs, and the like provided by Evolving Ground Limited through our Website and other means.

“Content” means all intellectual property, proprietary information, trademarked and copyrighted material, and all original works on our Website and in our Services, including, but not limited to text, images, words, documents, program names, blog posts, data, information, design, Website layout, artwork, graphics, color scheme, logos, tag lines, trademarks and trade dress, design elements, icons, branding, photographs, compilations, audio recordings and videos recordings, as well as software and any compilation thereof used on the Website.

“Personal Information” means information we may collect, use, request, or that you may provide to us voluntarily, and which may be used to identify you.  Personal Information may include, but is not limited to, your name, email address, phone number, billing address and credit card information.

Your Use of Our Website

A. Age Restrictions.

You must be 18 years of age or older to view this Website. 

If you are under 18, you may use the Website only with permission of a parent or guardian. 

If you are under 18 and do not have your parent or guardian’s permission, you are an unauthorized user and in violation of this Agreement.

By using our Website, you affirm that you are 18 years of age or older or that you have the permission of your parent or guardian.

Our Website, its Content and its Services are not directed to children under the age of thirteen. Evolving Ground Limited does not knowingly collect, either online or offline, personal information from children under the age of thirteen.

B. Other User Representations.

By using the Website, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; and (iii) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

C. Lawful Purposes Only.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms and Conditions. As a condition of your use of the Website, you promise you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. 

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will use the protected Content solely for your personal use and will make no other use of the Content without the express written permission of eG and/or the copyright owner. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Website. eG Content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. 

You agree that you do not acquire any ownership rights in any protected Content.

You agree not to post or transmit through our Website any material which infringes on the intellectual property rights of any person or entity, and you agree to hold us harmless should you do so.

D. As Your Use Relates to Other Users.

You may not use the Website in any manner which could interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You agree not to post or transmit through our Website any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable.  You agree not to post or transmit through our Website any material which contains injurious formulas, recipes, or instructions, which encourages a criminal offense, gives rise to civil liability, or otherwise violates any law.

You agree not to post or transmit through our Website any material which would constitute cyber bullying, stalking, abusing, sexually exploiting, violently exploiting or harassing any other users of our Website. Violation of this term will result in your comments or other content being immediately removed, and we reserve the right to prosecute to the fullest extent of the law.

You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences.  You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue any legal rights available to us. If a third party should choose to take legal action against you based on content you posted or transmitted on our Website, you agree to hold us harmless and fully indemnify us for any actions or consequences that result.  You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.

E. As Your Use Relates to Technology.

You agree not to post or transmit through our Website any content which contains software viruses or other harmful computer software which could damage, disable, overburden, or impair the Website or interferes with or disrupts the operation of our hosting platform or any computer hardware or software.  You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet or other device.

F. Use of Communication Services. 

The Website may contain virtual meeting spaces, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to communicate, post, send and receive messages and 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 as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have 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 or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Users, Website managers and Website hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of eG.

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 you upload the materials.

We do not claim authorship of any materials you post to any of our Websites (including feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of ours and their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Our policy is to try to have permission from you before publishing your submission but we cannot guarantee that we will not publish without your permission. 

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

If you upload, post, submit or otherwise transmit Submissions via our Website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit or otherwise transmit to our Website.

We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

G. Our Services

Our Services, including practice sessions, community meetings, and other online interactive services may be recorded using Zoom. While we take steps to remove video images of the participants and personal details shared, which may be considered sensitive, it is not always possible to remove every detail. 

We offer the option to record individual sessions, with your permission, using Zoom. Such recordings are strictly for personal and private use and may not be shared, altered, edited, or used for any use other than personal. 

Please see the guidelines for our classes, meetings and sessions for more information and communicate your concerns with us before any class or session.

H. Your Account

To access certain Services on our Website, you may be required to create an account, including a username and password or provide other Personal Information such as your name and email address.  In order to purchase our Services, you will also be required to submit payment information and a billing address to our billing and payment affiliate. You acknowledge and agree that any information you provide to us is voluntary and if you do not wish to disclose such information, you can refrain from using our Website and Services.  You agree that any information you provide to us will be accurate and up to date.  You agree not to impersonate someone else or provide an email address other than your own and you acknowledge and agree that should information you provide to us prove to be inaccurate or if you choose to impersonate another, this may constitute a legal violation and you agree to be financially and legally responsible for any consequences that may result.  You agree not to use your account in a way that is illegal, unauthorized or violates any laws in your jurisdiction.

If you create an account on the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. eG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

I. Third Party Accounts

If we implement such affiliated sign-on technologies in the future, you may be able to connect your eG account to third party accounts, for example single sign-on using your Google account. By connecting your eG account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

J. International Users 

The Website is controlled, operated and administered from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Website’s Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Our Materials

A. Intellectual Property.

All Content included as part of the Website and our Services, is the property of Evolving Ground Limited and is protected by United States copyright laws and other federal and state laws that protect intellectual property and proprietary rights. We do not grant you any licenses, express or implied, to the intellectual property of eG except as expressly authorized by these Terms and Conditions. When you view our Website and use our Services, we grant you a limited, revocable, non-transferrable license for personal, non-commercial use only.

You acknowledge and agree that our Website and its Contents consist of original work which has been produced with care, creativity and a significant investment of time, effort and expense and needs to be protected from unauthorized use.  You may not represent any of our Content as your own and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You agree not to use our Content in any way that is likely to cause confusion among consumers, implies a connection between us, an endorsement by us, or that discredits our brand in any way. You acknowledge and agree not to use our Content to gain profit, or attempt to gain profit, whether financially, or in any other way.

You agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our Content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without our express written consent.

We reserve the right to perform regular and routine searches for any infringing uses of our copyrighted material.  If you wish to use our Content for any purpose other than viewing it for your own personal use, we are happy to enter into a licensing agreement with you. If it is discovered that you are using our Content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and take any further action deemed necessary to protect our Content.  We also reserve the right, if such a violation is discovered, to immediately terminate your access to our Website and our Services, without refund, and prosecute you to the fullest extent of the law.

All rights not expressly granted here or by express written consent are reserved by us.

B. Express Written Permission

Requests for express written permission to use any of the Content on our Website or in our Services shall be made prior to such use, in accordance with these Terms and Conditions and can be addressed to our general administrative email address: contact@evolvingground.org

C. Our Free Materials.

If you choose to download a free resource from our Website, you acknowledge and agree that this free resource is to be used for your personal non-commercial use only. You agree not to edit or copy this free resource in any way.  You agree that if you share this free resource, you will provide eG proper credit and you will not represent the material to be your own.  You further agree that you will not attempt to profit financially or in any other way from this free resource.  

D.  Our Newsletter and other Communications.

We take the approach that you will not receive unsolicited emails from us unless you “opt-in.” If you have agreed to receive emails from us and then you later change your mind, you can opt-out by unsubscribing using the link found in the promotional email from us or by sending us an email stating your request to contact@evolvingground.org. This opt-out does not apply to information provided by you to the Company as a result of a product purchase, warranty registration, product service experience or other transactions that you have initiated with us. If you are unable to remove yourself from communications from us, you agree that the minimal intrusion of receiving our communications while we take efforts to remove your email from our mailing lists will cause you no personal, emotional or financial harm, and you will take no action against us for any damages or injuries. 

E. Our Services

We offer different interactive services, including one-on-one guidance, group and community meetings, practice opportunities, and other personal services that you can register to participate in using our Website. Our Services have their own policies, such as session recording options, cancellation, rescheduling, missed appointment policies and the like. Please see the details included in the description of our Services, if you need to make a change to your session.

Digital Millennium Copyright Act (DMCA) Notice and Policy

A. Notifications.

We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided at the end of these Terms and Conditions (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the Website; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

B. Counter Notification.

If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided at the end of these Terms and Conditions (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Privacy

Your use of the Website is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs Users of our data collection practices.

Electronic Communications

Visiting our Website or sending emails to eG constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites/Third Party Services

A. Links to Third Party Sites.

Our Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.

B. Third Party Services.

Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from our Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Company’s Website users and customers.

DISCLAIMERS

By using the Website, you agree in full to our Disclaimer.

A. General Disclaimer.

Our Website, its Content, and its Services are for informational and educational purposes only. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the Content presented on this Website and your success with applying it. We do not guarantee any specific results through the use of our Website and our Content, and we do not make any guarantees regarding your success, whether legal, medical, financial or otherwise, from the application of our Website and its Content.

Your decision to visit our Website, use any of its Content or purchase Services from us is voluntary and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our Website, its Content or our Services. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Should you choose to use our Website and its Content, Evolving Ground Limited shall not be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our Website, its Content or our Services, including any injuries sustained as a direct or indirect result of use or reliance on such information. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our Website, its Content or our Services, whether now known, or discovered in the future. You expressly agree not to make any claims against Evolving Ground Limited.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

B.  Legal and Financial Disclaimer. 

Our Website, including its Content, are not to be perceived or relied upon in any way as business, financial or legal advice.

You acknowledge and agree that eG does not provide accounting, legal, financial or other business advice. Any information relating to business, finances and the law is for informational and educational purposes only and does not constitute business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. You are encouraged to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own specific situation pertaining to your legal, business or financial needs. Our Services are not to be perceived or relied on upon in any way as business, financial or legal advice.

C. Medical, Health and Mental Health Disclaimer.

Our Website, including its Content, is not to be perceived as or relied upon in any way as medical advice or mental health advice. Our Website, including its Content, is informational and educational only.

You acknowledge and agree that the information presented on our Website is intended for a general audience. It is not intended to provide individualized spiritual guidance or other instruction. It is not a replacement for working with a professional who can advise you on your specific situation. Information found on our Website is meant to motivate you to make your own decisions based upon your own research and in partnership with a professional provider.

The information provided through our Website, including its Content, or in any of our Services is not intended to be a substitute for working with a physician, naturopath, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, or other licensed or registered healthcare professional. You are encouraged to consult with your own health professional for any and all questions and concerns you have regarding your own specific situation pertaining to your physical or mental health. You acknowledge and agree that any decision you make to use any information on our Website or in our Services is voluntary, and you are solely responsible for your results.

Never disregard professional medical advice or delay in seeking it because of something you have read on this site. Reliance on any information provided by us or others appearing on this site at our invitation or other visitors to this site is solely at your own risk.

D.  Technology Disclaimer.

By using our Website, you acknowledge and agree that we make no guarantees or warranties regarding our Website and its condition, including its functionality, the existence of viruses, uninterrupted use and availability.

We strive to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates or other functions.  To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our Website or its Content become unavailable, slow or incomplete for any reason. You agree that in the event of an interruption of the access to our Website, we do not owe you any refunds or reimbursement.  You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our Website, its Content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our Website and that we are not liable to you in any way for a decision to cease its operation.

E.  Errors and Omissions Disclaimer.

We strive to include the most up-to-date and accurate information on our Website, its Content, and in our Services.  You acknowledge and agree that information contained on our Website, its Content, and in our Services may inadvertently include inaccuracies, errors or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors or omissions.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

You agree that you are using your own judgment in using our Website, its Content, and our Services, and you acknowledge and agree that you are doing so at your own risk.

Indemnification

You agree to indemnify, defend and hold harmless Evolving Ground Limited, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or our Services, any Submissions made by you, your violation of any terms of these Terms and Conditions, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. 

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. 

Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVOLVING GROUND LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. 

EVOLVING GROUND LIMITED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVOLVING GROUND LIMITED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVOLVING GROUND LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EVOLVING GROUND LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the Website and the related Services and access to any program you may have purchased from us, without refund or any portion thereof, at any time, for any reason or no reason without notice. If you are caught violating any of these Terms and Conditions, we reserve the right to prosecute you to the full extent of the law. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Denver County, Colorado in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

Relationship of the Parties and Severability

You agree that no joint venture, partnership, employment, or agency relationship exists between you and eG as a result of this agreement or use of the Website, its Content, and its Services. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the you and Evolving Ground Limited with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and us with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Waiver

You acknowledge and agree that no waiver of any of the provisions of these Terms and Conditions by us, shall be deemed, or shall constitute, a waiver of any other provision of these Terms and Conditions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.

No Assignment

These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.

Changes to Terms

Evolving Ground Limited reserves the right, in its sole discretion, to change the Terms and Conditions under which the Website is offered. The most current version of the Terms and Conditions will supersede all previous versions. We encourage you to periodically review the Terms and Conditions to stay informed of our updates.

Contact Us

Evolving Ground Limited welcomes your questions or comments regarding the Terms and Conditions.
Contact us at: contact@evolvingground.org

All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent to our registered agent via the US mail, addressed as follows:

Evolving Ground Limited
3252 Federal Blvd
Denver, Colorado 80211

Effective as of: March 15, 2022