Terms of Service

EvolutionEat, LLC

Revised on May 7, 2023. What’s New: We’ve added a 30-day full money-back guarantee for EvolutionEat 180.

This website https://evolutioneat.com, http://go.evolutioneat.com, and http://https://evolutioneat.teachable.com/ (all of which are also accessible through http://www.danielthomoashind.com) are hereinafter referred to collectively as “Site”, is operated by EvolutionEat LLC.

Throughout this Site, the terms “EvolutionEat”, “the Company”, “us” or “we” refer to EvolutionEat, LLC.

EvolutionEat, LLC offers this Site, including, but not limited to, all information and services, membership, programs, courses, classes, assessment toolkits, articles, photographs, podcasts, and products available from this Site and our social media platforms, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including our Disclaimer, Waiver of Liability, Privacy Policy, Communication and our Terms and Conditions (collectively referred to as “our Terms of Service”), which are stated below. These are the official Terms of Use for EvolutionEat, LLC.

SECTION 1. THESE TERMS OF SERVICE ARE AN AGREEMENT BETWEEN YOU AND EVOLUTIONEAT, LLC.

Binding Contract. These Terms of Service (“Agreement”) are a contract and legal agreement between you and EvolutionEat, LLC, as a California limited liability company, mailing address located at 350 N. Glendale Ave, Suite B, #519, Glendale, CA, 91206.

Agreement. You represent to EvolutionEat, LLC that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a EvolutionEat Online Membership account (and agreed to this Agreement at the time you created that account), purchased the EvolutionEat 180 online course (and agreed to this Agreement at the time you made the purchase), purchased coaching (and agreed to this Agreement at the time you purchased sessions), or whether you simply browse, use, or access our Site (and agree to this Agreement when you browse, use, or access any aspect of our Site).

We require that by visiting our Site and social media accounts of EvolutionEat and Daniel Thomas Hind (including, but not limited to, Instagram, YouTube, and Facebook), purchasing and/or using our services and products, you acknowledge and agree to be bound by our Terms and Conditions. These Terms and Conditions apply to all users of our Site, services, and products including, without limitation users who are clients, browsers, vendors, customers, merchants, and/or contributors of content, testimonials, and commentary.

IF YOU DO NOT AGREE TO WITH OUR TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR SOCIAL MEDIA ACCOUNTS, AND OR USE OR PURCHASE OUR SERVICES AND PRODUCTS.

Any new feature, service, product, or information which is added to the Site shall be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update or modify these Terms and Conditions at any time. For this reason, we encourage you to review these Terms and Conditions whenever you access our Site, social media accounts, and/or whenever you purchase our services and/or products. It is your responsibility to check this page periodically for changes. By accessing and using any part of the Site, our social media accounts, and/or by purchasing our services and products, you agree to be bound by these Terms and Conditions at the time of your access and purchase. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Who May Use the Services:

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with us and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to access and use the Services, you’ll have to create an account (“Account”). You can do this via the Site or the Program or the Course. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

SECTION 2: DISCLAIMER

While information posted on this Site is believed to be reliable and accurate at the time of posting, EvolutionEat, LLC does not guarantee, represent or warrant that the information contained on this Site is accurate, complete, reliable, verified, error free, or fit for any purpose.

Participation in our online programs and coaching is voluntary and constitutes recreational activity. EvolutionEat, LLC is not a health care provider, and its owners, members, directors, officers, employees and agents are not health care providers, and for this reason, EvolutionEat, LLC does not provide medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure. Our Program is in no way intended as a substitute for medical consultation, advice, evaluation, consultation, and/or treatment and constitutes only as recreational activity. EvolutionEat, LLC, its owners, members, officers, directors, employees, and agents disclaim liability from and in connection with our Program.

Any person who participates in our Program does so at their own risk. To reduce the risk of injury, you should consult your doctor before beginning our Program. As with any fitness, diet-based, or habit based program, if at any point during your use of our services, you believe conditions or exercises to be unsafe or begin to feel faint or dizzy, have physical discomfort, or pain, you should stop immediately and consult a doctor.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE SERVICES, PRODUCTS, AND EDUCATION OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVOLUTIONEAT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVOLUTIONEAT LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVOLUTIONEAT LLC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EVOLUTIONEAT LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF EVOLUTIONEAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION 3: WAIVER OF LIABILITY

By accessing our Site, you agree that you wish to participate in Our Program. You agree that you are 18 years of age or older. You agree you are acting on behalf of yourself, or as the parent or legal guardian of a minor participating in Our Program, per your express authorization herein. You agree that if at any time, you believe conditions to be unsafe or begin to feel faint, dizzy, have physical discomfort or pain, or witness, as a parent or legal guardian, your minor participating in Our Program to begin to feel faint, dizzy, have physical discomfort or pain, you (or the minor whom you authorizing to participate in Our Program), will immediately discontinue further participation. You fully understand that EvolutionEat, LLC provides recreational services only. You fully understand that the EvolutionEat, LLC Program is a form of habit-based and dietary training inherently involving risk and dangers. You understand and agree that these risks and dangers maybe caused by your own actions or inactions, or the actions of others participating in or conducting the activity.

No Professional Services or Advice; No Doctor-Patient Relationship:

We provide the Services for informational purposes only. You acknowledge that EvolutionEat LLC solely provides the Program and related technology platforms for the Services, but that EvolutionEat LLC does not provide any medical or healthcare services of any kind. We provide a platform so that a Coach may provide you with nutritional and dietary information relating to your fitness, weight loss and/or nutritional or wellness goals. YOU ACKNOWLEDGE THAT THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US.

YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR LIFESTYLE. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services. The Services are intended for use only by individuals healthy enough to make changes to their diets and lifestyles, and are not intended for use by minors or individuals with any type of health condition that makes the kind of changes to diet or lifestyle suggested by the Services unsafe or inappropriate. You should discontinue diet or other lifestyle changes in cases where such changes cause pain or severe discomfort, and should consult a medical expert prior to returning to diet or other lifestyle changes in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

You understand, acknowledge and agree that EvolutionEat, LLC does not provide any medical opinion, advice, diagnosis, evaluation, treatment, prescription or cure. You understand, acknowledge and agree that EvolutionEat, LLC in no way represents itself as a medical and/or health provider, and anything discussed, or any information provided byEvolutionEat, LLC, its owners, members, directors, officers, employees, and/or agents, is not medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure.

You understand, acknowledge, and agree that neither EvolutionEat, LLC, nor its owners, members, officers, directors, employees, and/or agents are responsible or liable for any claim, loss, or damage directly or indirectly resulting from your participation (or the participating of the minor whose participation you are authorizing) in the EvolutionEat, LLC’s Program. Further, you fully assume all risks and responsibilities for losses, injuries, costs or damages resulting directly or indirectly from your (and/or your minor’s) participation in our Program, and you hereby Release EvolutionEat, LLC, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of your (or your minor’s) participation in the Program and/or reliance on information communicated to you by EvolutionEat, LLC.

You represent that you have read this Waiver of Liability in its entirety, fully understand its terms and agree to be bound to it freely, without inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by the law, and you agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall be in full force and effect. This waiver shall be governed by the laws of the State of California.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

SECTION 4: INDEMNIFICATION

You further understand acknowledge and agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, you, or anyone on your behalf, or on behalf of the minor for whom you are signing this agreement, makes a claim against any of the releasees, you will indemnify, defend, save and hold harmless each of the releasees from any litigation expense, attorney fees, loss, liability, damage or costs which may incur as a result of such claim, excluding any claims of gross negligence.

SECTION 5: COMMUNICATIONS, MARKETING AND EDUCATION POLICY

You acknowledge and agree that by purchasing services, courses, programs, toolkits, and/or products from EvolutionEat, LLC, and by subscribing to a membership subscription platform, and/or becoming a member of our Online Program, you give your express consent to be contacted and/or receive marketing communication by direct mail, email, telephone, pre-recorded message, text message, instant message and other means from or on behalf of EvolutionEat, LLC.

By agreeing to these Terms of Service you expressly give EvolutionEat, LLC permission and the right to use your photos and/or materials, such as progress photos, graphics and skeletal drawings of your image and posture based on your photos, or photos showing results of EvolutionEat LLC’s methods for any and all marketing and/or educational purposes, including, but not limited to, posting these photographs on EvolutionEat, LLC’s website and social media accounts.

Our online membership program platform contains a Community Forum, wherein members discuss their experience, exercises, sequences, and /or healing journey, ask questions, answer questions and give each other support. Our Facebook page has a private group, the “EvolutionEat 180 Private Community,” wherein members of the group connect similarly to those in the online membership program. Our social media sites welcome comments from our followers. EvolutionEat, LLC expressly reserves the right to remove and/or delete any comment or question, or communication on any and all of these forums, which we believe to be inappropriate and/or in violation of law.

SECTION 6: INTELLECTUAL PROPERTY RIGHTS

Our Site, and all content contained on our Site (collectively “Proprietary Material”) is protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned and/or controlled by EvolutionEat, LLC or by other parties that have provided rights thereto to EvolutionEat, LLC.

Copyright. The technology underlying, and the entire contents of the website, including but not limited to text, graphics, images, audio clips, online courses, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of EvolutionEat LLC and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to EvolutionEat LLC Copyright 2016, EvolutionEat LLC. All rights reserved.

Use of our Site is intended for personal, non-commercial purposes only. You agree to use our Site only for lawful, noncommercial purposes. The term “use” is defined in the broadest possible means, and includes, but is not limited to, copying, reproducing, sharing, permitting access to, distributing, reverse engineering, modifying, publishing, displaying, transmitting, adapting, framing, linking, renting, leasing, loaning, selling, licensing, and/or in any way exploiting the contents of our Site.

Except as expressly permitted by these Terms of Service, you may not, and agree that you will not, use, copy, reproduce, share, permit access to, distribute, publicly perform, reverse engineer, modify, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license, and/or in any exploit the contents of our Site. You agree to use our Site in compliance with all international, federal, state and local laws. Any purchase order suspected to be used for unauthorized and/or illegal use or any other activity not approved in writing by the Managing Member of EvolutionEat, LLC, Daniel Thomas Hind, may be subject to suspension or immediate termination of account and restrained from any further access to the Site. Any open order will be canceled and credited back. Modification of the materials and content appearing on the Site or use of such materials and content for any prohibited purpose, as communicated herein, is a violation of our copyright and other proprietary rights.

The intentional use of a false name, address, telephone number and/or credit card number to purchase any services on this Site shall constitute fraud under the laws of the State of California and will be prosecuted to the full extent of the law.

Any person or entity wishing to use any material on our Site and/or from our Program, including, but not limited to, our Site, social media platforms, podcasts, photographs, graphics, drawings, art, articles, EvolutionEat 180, online programs, The Evolution Diet ebook, and/or any ebooks written by Daniel Thomas Hind, for commercial purposes, must, prior to said use, request and obtain express written permission from EvolutionEat, LLC by directing your written request to: EvolutionEat, LLC, Attn: Daniel Thomas Hind, 350 N. Glendale Ave, Suite B, #519, Glendale, CA, 91206, and sending an email to support@evolutioneat.com.

Any permission granted for use of our Site and/or our Program for commercial purposes must be in writing and signed by Daniel Thomas Hind, or it does not exist.

Any unauthorized use of our Site and/or Program will be prosecuted to the fullest extent of the law.

SECTION 7: THIRD PARTY WEBSITES, PRODUCTS, AND INFORMATION

This Site may contain links to other sites which are not maintained or controlled in any way by EvolutionEat, LLC. Links to any such sites that are not maintained or controlled by EvolutionEat, LLC are provided for convenience only and are not to be construed as an endorsement by EvolutionEat, LLC or any other party of the products, services, advice or opinions or any other content of such sites. Access to or use of sites to which links are provided are subject to the terms and conditions of such sites. You are fully responsible for any use that you make of the content contained in such sites and you are solely responsible for the consequences of any use of or reliance on such content.

From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.

EvolutionEat LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of EvolutionEat LLC. EvolutionEat LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that EvolutionEat LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

SECTION 8: PASSWORDS AND SECURITY

In order to participate in our subscription platform and online membership program from this Site, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

Passwords and Security.

If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. We will never ask you for your password.

SECTION 9: PAYMENTS, CANCELLATIONS, AND REFUNDS

Subscription Auto-Renewal Cancellation and Refund Policy:

Account holders may access our Products via “EvolutionEat Subscription,” a subscription fee-based program that gives access to Products based on which tier you paid for. You will only have access to EvolutionEat Subscription while your paid subscription is active and subsisting. You may have access to a free trial period of EvolutionEat Subscription, which automatically converts to a paid monthly or annual subscription term after an agreed-upon period when the trial begins. In such instances, you can disable the automatic conversion by canceling prior to the date of conversion to end your trial and avoid payment.

You may access EvolutionEat Products via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.

Our “Monthly” subscription is paid in monthly installments. For each month your monthly subscription is active, you acknowledge and agree that EvolutionEat is authorized to charge the same credit card used for the initial subscription fee or other payment methods. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until canceled. You must cancel your subscription before it renews in order to avoid billing next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that EvolutionEat is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews to avoid billing the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

You agree to promptly notify EvolutionEat of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

In the course of your use of the Products, EvolutionEat and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to EvolutionEat and EvolutionEat’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Our obligation to provide the Products only comes into being when we take receipt of your Order and confirm your purchase by email. We shall confirm your Order and email you to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices are in US Dollars and include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Products purchased through EvolutionEat for commercial purposes.

The subscription for all subscription memberships will continue until the member cancels the membership. A member is charged for access to the membership program and not for use. Therefore, regardless of whether or not the member uses the program, the member will be charged for the membership for having access to it, until and unless the member cancels the membership as required below in the “Cancellations and Refunds” Section.

CHANGING FEES AND CHARGES: We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

Private Coaching:

All 3-month, 6-month, and 12-month coaching packages are non-refundable.

Cancellations and Refunds:

We do not offer refunds unless the refund request falls under our guarantee policy. Our guarantee policy can be found below in Section 10.

Lifetime Access Products:

As of date of these Terms, all EvolutionEat online products are considered “Lifetime Access” products, which means you will be able to access and use them indefinitely, unless stipulated otherwise.

Lifetime Access Product Cancellation:

You can choose to stop the program whenever you see fit, but we do not offer any cancellation options or refunds on any Lifetime Access Products. If you have purchased this option, you have purchased access to our program for life.

If you have purchased the Split-Pay Lifetime Access option to join EvolutionEat 180, you agree to make all scheduled payments on time. If you need a billing extension, please contact support@evolutioneat.com to request a billing change. We do not offer cancellations on the Lifetime Access Split-Pay, unless for medical reasons and documentation must be provided to cancel future payments. Any documentation from your medical provider saying you can no longer participate in a physical activity program will count. Please submit documentation with the cancellation request to support@evolutioneat.com. If you can no longer continue any of our programs for any medical reason, we will cease future payments upon receipt of documentation. No refund of past payments will be issued. If you have purchased Lifetime Access with a paid-in-full option and need to cancel due to a new medical issue, we will issue a prorated refund based on how many of the 6 months you’ve been a member.

Cancellation of any Lifetime Access programs: You can choose to stop the program whenever you see fit, but we do not offer any cancellation options or refunds on any Lifetime Access options. If you have purchased this option, you have purchased access to our program for life.

For our Lifetime Access options, payment must be made in full to receive lifetime access. We have a few different options to sign up for lifetime access – either pay in full or split pay with monthly installments. Paying in full grants you lifetime of access immediately. If you choose any split-pay options or monthly installments of any Lifetime Access option, you will be granted immediate access to the program upon enrolling and will continue to have access as long as payments are made. Every payment must be completed on time, and your Lifetime Access will begin once your final payment has been processed. If the users do not make the payments, then the user will only have access until the date of the missed payment. The user agrees that if the user stops making payments, lifetime access will not be granted due to incomplete payment, thus voiding the Lifetime Access arrangement.

Regardless of either paying in full or split-pay options, the payment must be complete and made in full for lifetime access to be granted. If a payment is missed, the member must reach out within 30 days to settle the payment or update the credit card on file. If the member misses the 30-day window to complete their payment or update their account with a new payment, then access to our services will be suspended, and the member will have to repurchase access at whatever our current rates are at that time. In other words, the member does not have unlimited time to hold on to a delinquent/past-due account. Should you have any payment problems, please contact support@evolutioneat.com so we can help you.

Furthermore, due to the nature of our programs constantly evolving based on the feedback provided by our members, there might be some features that will change over time. We might add new supporting features or remove features that we found were not helpful or unsustainable. We don’t like to change too much to keep this program and user’s experience as stable as possible, but sometimes changes need to be made to evolve with the times. Lifetime Access members are bound to see changes given having access to this program for years to come. We believe any change made is in the best interest of all of our members and customers.

SECTION 10: MONEY BACK GUARANTEE

If you purchased any of our Products and do not feel like we are a good fit for you within the first 30 days, email our membership team at support@evolutioneat.com to receive a refund.

You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

SECTION 11: TERMINATION

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site and/or our services, and/or Our Program, with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

Upon termination and regardless of the reason(s) motivating such termination, your right to use the services and content available on this Site will immediately cease. We shall not be liable to you or any third-party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The obligations and liabilities of the parties incurred prior to the termination date shall service the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Program, or when you cease using our Site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due to us up to and including the date of termination; and /or accordingly may deny you access to our Services (or any part thereof).

SECTION 12: DISPUTE RESOLUTION

Choice of Forum.

You agree that the venue for any action to resolve any legal dispute between you and us is Los Angeles, California, and you consent and submit to such courts for purposes of litigating such action.

Governing Law.

The statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.

Dispute Resolution.

All claims and disputes arising under or relating to this Agreement are to be settled by mediation, by a mediator mutually selected by the parties. The parties shall equally share in the cost of the mediation. If the matter is not resolved through informal discussion and/or mediation, jurisdiction shall be in the State of California, County of Los Angeles. The prevailing party shall be entitled to recover all costs and expenses incurred in connection with such legal action, including reasonable attorney’s fees and court costs.

Action Waiver.

You agree that any claims brought can only be brought in an individual capacity and not as a member of a purported class or other representative action.

Notices:

All notices to EvolutionEat, LLC shall be in writing and shall be sent to Daniel Thomas Hind, 350 N. Glendale Ave, Suite B, #519 Glendale, CA, 91206. We agree to accept by email, a courtesy copy only, of any notice properly mailed to the above identified person and address. The courtesy copy may be emailed to support@evolutioneat.com. You agree to allow us to submit notices to you using the email address provided by you to Daniel Thomas Hind and/or EvolutionEat, LLC. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication on the delivery date when mailed by you, and or transmitted by email by, or on behalf of, EvolutionEat, LLC.

SECTION 13: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of our Site, services and our Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of our Terms of Service). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Privacy Policy

Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at www.evolutioneat.com/privacy-policy.

Contact Information

If you have any questions about these Terms or the Services, please contact us at support@evolutioneat.com, EVOLUTIONEAT LLC, 350 N. Glendale Ave, Suite B, #519 Glendale, CA, 91206

Terms of Service​