Terms of Use

TERMS AND CONDITIONS

Our Programs, Products and Services are owned and operated by Evolution Ed (EvoEd), LLC. The term “you” refers to the user or viewer of our website.

These Terms and Conditions (“T&C”) set forth how you may use our Programs, Products and Services and their content. Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use our Programs, Products and Services.

1. The Terms

1.1 Acceptance of Terms

Evolution Ed (EvoEd), LLC is the owner and operator of the EvoEd website located at clinictofield.thinkific.com. This Terms of Use (the “Agreement”) governs access to and use of the EvoEd Website. Access to and use of the EvoEd Website is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the EvoEd Website and/or by Your continued use of the EvoEd Website.

Please read the following carefully bearing in mind that this Agreement must be read in conjunction with EvoEd’s Privacy Policy.

1.2 Right to Modify Terms

EvoEd reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the EvoEd Website, You agree to the terms of the modified Agreement, without further notice.

1.3 Term Definitions

1.“EvoEd Website” means the EvoEd Website accessible through the URL evolution-ed.thinkific.com.

2. “EvoEd” means Evolution Ed, LLC

3. “Parties” means EvoEd and You, collectively.

4. “Party” means either EvoEd or You.

5. “User Profile” means a profile posted by You on the EvoEd Website.

6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the EvoEd Website for any reason; said terms may be used interchangeably.

7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the EvoEd Website.

8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.

9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to EvoEd.

2. Website

2.1 Content Ownership

EvoEd is the owner of all EvoEd Content posted on or otherwise accessible at or via the EvoEd Website including logos, all designs, text, graphics, pictures, and information. Unless otherwise agreed in writing, You will have unlimited access to view the Content on the EvoEd course website for Your educational, non-commercial use only for as long as the course is available or until further notice. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the EvoEd Website is expressly prohibited, unless EvoEd has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. EvoEd reserves all applicable rights in regard to the Content

2.1.A Information You May Use for Your Own Personal Use Only.

You are permitted to use our Programs, Products, Services and Program Materials as follows:

You are permitted to use our Programs, Products, Services and Program Materials in the context of your own personal or professional use for informational and educational training purposes only.
You are permitted to download and/or print free resources from our Websites or emails, including email correspondence, but only provided that you give us credit by name (EvoEd), keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.

By downloading, printing, or otherwise using any material from this Program, Product or Services for any use you in no way assume any ownership rights of that material.

However, you may not use our Programs, Products or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

Any trademarks, taglines, and logos displayed on the Program, Product, or Services and Program Materials are trademarks belonging to EvoEd. All trademarks reproduced in this Website, which are not the property of, or licensed to EvoEd, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without express written consent of EvoEd, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Services titles or any other title or information belonging to EvoEd bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

2.1.B Information You Are Prohibited from Sharing with Others.

As a Licensee, you understand and acknowledge that the information and Program Materials obtained in or through the EvoEd Website, Program, Product or Services has been created, developed or obtained by EvoEd through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of EvoEd which needs to be protected from improper and/or unauthorized use.

When you enroll in or purchase EvoEd Programs, Products or Services, you expressly agree that you will not steal EvoEdProgram Materials or their content, or share them, in whole or in part, with any other person without EvoEd express written permission.

You agree that you are clearly and expressly prohibited from doing the following:

You may not duplicate, share, trade, sell, or otherwise distribute any information obtained in or through EvoEd Programs, Products or Services to any other physical therapist or health professional, or to any other person, for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal or professional use.
You may not use the Program Materials, including but not limited to the case studies, or any other information related to our Programs, Products or Services, in whole or in part, in your clinical practice without the appropriate logo.
You may not use the Program Materials, including but not limited to the case studies, or any other information related to our Programs, Products or Services, except as under your true legal name and the accurate and truthful presentation of your professional and academic credentials.
You may not violate EvoEd intellectual property rights, including copyright and trademark rights. By downloading, printing, or otherwise using the material from this Program for your own training purposes in no way gives you any copyright, trademark or ownership rights of the material contained in the Program Materials.
You may not engage in improper and/or unauthorized use of EvoEd Program Materials, including but not limited to case studies, or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these T&C, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, any Program Materials or any other information accessed or purchased through our Programs, Products or Services including but not limited to, our Website, Program Materials, password-protected Website page or forum, or any other communications provided by EvoEd to you.

Engaging in the prohibited use or the improper and/or unauthorized use of CFOT Programs, Products or Services or this Website as set forth in these T&C is considered theft and stealing and EvoEd retains the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use and/or unauthorized use may give rise to a claim for damages and/or be a criminal offense.

All rights not expressly granted in these terms or any express written license, are reserved by us.

EvoEd may publish or transmit via the EvoEd Website any Content that is owned by third parties. EvoEd’s Licensors are the owners of their respective Intellectual Property found on the EvoEd Website. Any reproduction, retransmission, or republication of all or part of any Content found on the EvoEd Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2.2 Trademarks

Portions of the EvoEd Website may be customized by enterprise customers to include use of Your logo and other trademarks for custom branding. If You choose to use such customization, You agree to grant to EvoEd a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the "Trademarks") as CEvoEd may request. You further agree to provide the Trademarks in a format required by EvoEdT for any online or print promotions. EvoEd agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give EvoEd any right, title, or interest in the Trademarks, other than the license rights granted herein. EvoEd may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.

2.3 Copyright Complaints

If You believe that any Content on the EvoEd Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to EvoEd to [email protected]. Please include a description of the work that is allegedly being infringed, and where on the EvoEd Website the work may be found.

2.4 Content Availability

2.4.1 Online Course: After purchasing an Online Course, You will have unlimited access to view the Content on the EvoEd course website for Your educational, non-commercial use only for as long as the course is available or until further notice.

2.4.2 Live Course: After purchasing a Live Course, You will have access for thirty (30) days after the occurrence of the live course to view the Content on the EvoEd course website for Your educational, non-commercial use only for as long as the course is available or until further notice. After thirty (30) days, Your access to the Content will end. You will have to purchase a new live course in order to continue Your access to the Content.

2.5 Termination

EvoEd reserves the right to terminate, block, or restrict Your access to or use of the CFPT Website for any breach or violation of any term(s) of this Agreement, solely at the discretion of EvoEd.

2.6 Equipment

You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the EvoEd Website.

3. User Accounts

3.1 User Responsibility

The CFPT Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the EvoEd Website is compliant with the laws and regulations of any applicable jurisdiction.

3.2 Accounts and Passwords

In consideration of Your use of the EvoEd Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the EvoEd Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if EvoEd has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, EvoEd has the right to suspend or terminate Your access to the EvoEd Website and to refuse any and all current or future use of the EvoEdWebsite, or any portion thereof.

You must have Your own password to access the EvoEd Website. You are not permitted to provide others access to EvoEd Courses using Your User Name and Password or another authorized User Name and Password. In the event that CFPT discovers Password sharing, we reserve the right to terminate or block Your access to the EvoEd Website. You are responsible for all use of Your password(s).

3.3 Linking to EvoEd

1. EvoEd invites Users to link to the EvoEd site. Linking to EvoEd must not improperly connote an affiliation with or an endorsement by EvoEd, or otherwise interfere with the operation of the EvoEd Website. Any links should open in a new browser window.

2. You must not place EvoEd Website pages in a “frame” within Your own website without explicit prior written permission from EvoEd.

3. Although the EvoEd Website may include links providing direct access to other Internet sites, EvoEd assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. EvoEd provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.

4. Disclaimers

4.1 Generally

Except as expressly set forth herein, the content of the EvoEd Website (including all EvoEd intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. EvoEd does not warrant or guarantee uninterrupted access to the EvoEd Website, or any site linked to the EvoEd Website, and reserves the right to discontinue courses or to change the expiration date at any time.

Under no circumstances will EvoEd be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the EvoEd Website, and EvoEd makes no guarantees that the content will be accurate, current, or error-free.

You assume full responsibility and risk of loss resulting from use of the EvoEd Website and any information on the EvoEd Website. EvoEd makes no guarantees about the suitability of any information and its services for any purpose whatsoever. EvoEd may provide programs with exercises related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY EvoEd, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. EvoEd will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.

4.2 Continuing Education Courses

The information and content provided in the courses are for informational purposes only. EvoEd makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither EvoEd nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses.

Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Services you are using, or in documents referenced by or linked to the Program, Product or Services.

IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.

4.3 Compliance Courses

The information and content provided in the compliance courses are for informational purposes only and are not intended to convey or constitute legal advice and should not be relied upon as such. A EvoEd compliance course is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on Your specific matter. EvoEd makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither EvoEd nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online compliance courses.

4.4 Accreditation

EvoEd provides accreditation requirements and state-approval information regarding its courses on a state-by-state basis. These requirements change regularly, and as such, EvoEd shall not be held liable for any damages arising, directly or indirectly, from the use of such information, including damages arising from inaccuracies, omissions, or errors. No warranty shall exist on the validity of the course certificates provided to users upon completion of a course. EvoEd disclaims all liability resulting from a state's denial of a course's accreditation.

5. Limitation of Liability

In no event shall EvoEd, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if EvoEd or its representatives have been advised or should have known of the possibility of such damage. EvoEd’s total liability in any event is limited to the amount, if any, actually paid for use of the EvoEd Website, and You hereby release EvoEd and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

6. Billing

6.1 Payment Method

You may purchase individual Courses. Should You choose to buy an individual Course, You expressly agree that EvoEd is authorized to charge You for each specific Course You purchase. A valid credit card is required to purchase an individual Course. EvoEd bills You through a secure online account for use of the Service. Your complete billing information is not stored on EvoEd’s servers.

6.2 Payment Amounts

6.2 Individual Course Fees: Each Course is priced individually. Please refer to Course descriptions for Course fees.

6.3 Fee Changes

EvoEd may change the fees and charges in effect, or add new fees and charges from time to time, but EvoEd will give You advance notice of these changes by email. If You would like to use a different Payment Method, or if there is a change in a Payment Method, such as Your credit card validity or expiration date, You may edit Your Payment Method information by visiting the EvoEd Website

7. Cancellation

Your satisfaction with your Programs, Products or Services is important to EvoEd. However, because upon registration and payment for EvoEd Programs, Products, and Services, they are promptly made available to you, EvoEd does not issue refunds.

In addition, if you are dissatisfied with any of EvoEd Programs, Products or Services, you may also submit your complaint at: [email protected]

8. Indemnification

You agree to indemnify and hold EvoEd and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the EvoEd Website. You further agree to indemnify and hold EvoEd and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

9. Miscellaneous

9.1 Assignability: This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

9.2 Agreement Binding on Successors: The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

9.3 Waiver: No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

9.4 Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

9.5 Survivability: The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.