Terms of Service

THIS LEGAL AGREEMENT BETWEEN YOU AND EVOLVE MEDIA PTE.LTD. (“EVOLVE”) GOVERNS YOUR USE OF THE EVOLVE UNIVERSITY (“EU”).

THE EVOLVE UNIVERSITY
Evolve is the provider of the EU Service, which permits you to purchase and stream digital content (“Evolve Products”) for end user use only under the terms and conditions set forth in this Agreement.

DISCLAIMER OF LIABILITY
i. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the EU or that might be detrimental to your health, safety, comfort or physical condition. You confirm that Evolve did not give you any medical advice before you joined and understand that Evolve cannot at any time give you any advice relating to your physical condition and/or ability to use services offered by the EU. If you have any health or medical concerns now or after joining, you should consult with your physician prior to using the EU. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner.

ii. Participation in the activities and the use of the services offered by Evolve naturally involves the risk of injury to you or your guest(s), whether caused by you or someone else. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities and use of services offered by Evolve, you understand and voluntarily accept this risk and agree that Evolve, its related corporations and each of their officers, directors, employees, students, volunteers, agents and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, guests or unborn child arising out of, or in connection with you or their (as the case may be) use of any EU services, whether related to exercise or not. Your guests agree to abide by the Rules and Guidelines and to be bound by the same limitations of liability that apply to you as a member.

iii. You agree to indemnify and hold harmless Evolve, its related corporations and each of their officers, directors, employees, volunteers and independent contractors (each an “Indemnified Person”) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnify basis) that are: (a) brought against or incurred by such Indemnified Person for any injuries or claims mentioned in clause 2 above; and/or (b) incurred by such Indemnified Person arising from any claim made against an Indemnified Person by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest{s).

iv. Evolve is not liable to you or your guests for any personal property that is damaged, lost or stolen while using the services offered by Evolve.

REQUIREMENTS FOR USE OF THE EVOLVE UNIVERSITY
The EU is available for individuals aged 16 years or older. If you are 16 or older but under the age of 21, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Use of the EU requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the EU and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The EU is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the EU.

YOUR ACCOUNT
As a registered user of the EU, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Evolve of any security breach of your Account. Evolve shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to purchase and use the EU, you must enter your Student ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for one hour. During this time, you will be able to use the EU without re-entering your password. You agree to provide accurate and complete information when you register with, and as you use, the EU (“Evolve Registration Data”), and you agree to update your Evolve Registration Data to keep it accurate and complete. You agree that Evolve may store and use the Evolve Registration Data you provide for use in maintaining and billing fees to your Account.

SUBSCRIPTION
A fixed-term subscription consists of “monthly tuition” and “12 month annual prepaid tuition”. The 12 month annual prepaid tuition is paid in full at enrolment before the subscription begins. Subsequent payments of the monthly tuition are made and must be settled by Autopay. The term of your subscription is set and you may not terminate a fixed-term subscription before the “Subscription End Date”. You shall enjoy the use of the EU for the duration of the term. Evolve reserves the right to increase your monthly dues and such increase in your monthly dues shall be valid and effective upon written notice to you. At the end of the term, your subscription will be automatically renewed for a further term of equal duration to the initial fixed-term and will be successively renewed in such manner, until you have given EU written notice to terminate in accordance with the clause below. The “Subscription End Date” will be deemed to be extended for the relevant duration upon each successive renewal.

Your subscription will be charged and billed in U.S. dollars.

Monthly Autopay payments will be made on the same day every month from the original start date onwards as an EU user. All monthly tuition or periodic fees and dues will be charged and will be immediately payable in advance of the month or period to which the payments relate, without set-off or deduction whatsoever (legal or equitable or otherwise). If you fail to pay your fees or dues on the due date, Evolve reserves the right to decline your access to EU until such outstanding payment is received.

If you wish to terminate your subscription, you must submit a cancelation before the “Subscription End Date” indicated in the “Subscription Details” section above, in writing to membership@evolve-university.com, and your subscription will not be automatically renewed. Termination may not take place before the expiry of the “Subscription End Date”. Premature termination and termination of a subscription that has been suspended at your request shall be subject to full monthly dues for the remaining period or suspension period (as the case may be).

(i) Evolve reserves the right to terminate your subscription if you are in breach of this Agreement, the Terms and Conditions or the Rules and Guidelines. No refund in respect of fees or dues will be paid in the event of such termination.

(ii) Evolve reserves the right at any time to terminate your subscription for any reason not stated in sub-paragraph (i) above provided always that such reason does not contravene international laws and regulations. If Evolve does so terminate your subscription, it will send or deliver a termination notice to you and refund any unused fees or dues.

(iii) Evolve reserves the right, at its sole and absolute discretion, to terminate all agreements with you, including this Agreement, if you terminate any related or ancillary agreements, such as misuse of the EU.

(iv) Upon cancellation or termination of your subscription and after any required notice period, your right to use the EU henceforth ceases and you may be denied access to the EU and any or all Evolve Academies. Unless expressly provided otherwise in this Agreement, you shall have no claim for any refund of your initiation fee, subscription dues or fees paid for Evolve. If you owe Evolve any amounts of money when your subscription ends, such outstanding amounts shall be deemed to be and are recoverable as a debt, and Evolve is entitled to deduct or offset any amounts from any refund you might otherwise be entitled to for the purposes of satisfying such debt. If the refund is not enough to satisfy the debt, you remain liable to pay Evolve the outstanding balance. If your subscription terminates or expires for any reason and you want to rejoin, you shall be required to buy a new subscription at the then prevailing subscription rates.

CONTENT AVAILABILITY
Evolve reserves the right to change content options (including eligibility for particular features) without notice. For further information in specific content within the EU, please email info@evolve-university.com.

USE OF EU AND ITS CONTENT
You agree that the EU include security technology that limits your use of the EU, whether or not the EU is limited by security technology, you shall use the EU in compliance with the applicable usage rules established by Evolve (“Usage Rules”), and that any other use of the EU may constitute a copyright infringement. Any security technology is an inseparable part of the EU. Evolve reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Evolve for compliance purposes, and Evolve reserves the right to enforce the Usage Rules without notice to you. You agree not to access the EU by any means other than through software that is provided by Evolve for accessing the EU. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the EU. Violations of system or network security may result in civil or criminal liability.

USAGE RULES
(i) You shall be authorized to use the EU only for personal, noncommercial use.

(ii) You may not copy, store, tone, burn or distribute any Evolve Products and Services for personal, noncommercial or commercial use.

(iii) Video streaming is viewable on only one device at a time, via a desktop or a laptop. You must be connected to the EU to access video streaming. The delivery of the EU content does not transfer to you any commercial or promotional use rights in the EU. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any EU content. You acknowledge that, because some aspects of the EU and administration of the Usage Rules entails the ongoing involvement of Evolve, if Evolve changes any part of or discontinues the EU Service, which Evolve may do at its election, you may not be able to use the EU to the same extent as prior to such change or discontinuation, and that Evolve shall have no liability to you in such case.

INTELLECTUAL PROPERTY
You agree that the EU, including but not limited to Evolve and EU contents, products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the EU, contains proprietary information and material that is owned by Evolve, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the EU in compliance with this Agreement. No portion of the EU may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the EU in any manner, and you shall not exploit the EU in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Evolve reserves the right to change, suspend, remove, or disable access to any Evolve content, or other materials comprising a part of the EU at any time without notice. In no event will Evolve be liable for making these changes. Evolve may also impose limits on the use of or access to certain features or portions of the EU, in any case and without notice or liability. All copyrights in and to the EU (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Evolve, who reserves all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE EU SERVICE, EXCEPT FOR USE OF THE EU SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. Evolve, the Evolve logo, and other Evolve trademarks, service marks, graphics, and logos used in connection with the EU are trademarks or registered trademarks of Evolve Media Pte.Ltd. in the Singapore and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.