Updated: September 25th, 2019
Welcome to the Evolution Martial Arts Student Portal! The Student Portal is made up of Evolution Martial Arts students and instructors and serves as a go-to destination for martial arts know-how, peer-to-peer support and thought leadership on best practices. We’d love to see users learn from each other and build their influence and profile on the Evolution Martial Arts Student Portal.
Every Student Portal user of ours agrees to abide by these Student Portal TOU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Student Portal TOU. We will enforce and ensure compliance with this Student Portal TOU by using methods we consider to be appropriate.
We reserve the right to modify these Student Portal TOU at any time without giving you prior notice. You can find the most recent version here. Your use of the Student Portal following any such modification constitutes your agreement to follow and be bound by these Student Portal TOU as modified. You agree to review the Student Portal TOU on a regular basis and always remain in compliance.
“Student Portal Content” means all content, including without limitation, language, data, information, video, and images, provided through or disclosed by use of the Evolution Martial Arts Student Portal, whether by us, our students, or other users of the Evolution Martial Arts Student Portal. Student Portal Content does not include Your Content.
“Student Portal Usage Guidelines” means the policies applicable to users of the Evolution Martial Arts Student Portal which we have published at https://www.evolutionjkd.com/legal/student-portal-guidelines, or another website we designate.
“Evolution Martial Arts Student Portal” means the online Student Portal accessible at www.evolutionjkd.com/student*.
"Sensitive Information" means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.
"Third-Party Services" means services and professional services that are provided by third parties which may interoperate with or be used in connection with the Evolution Martial Arts services.
"Third-Party Sites" means third-party websites linked from within or accessed through the Evolution Martial Arts Student Portal.
"Evolution Martial Arts", "we", "us" or “our” means Evolution Martial Arts, and our affiliates.
"You" or "your" means the person or entity using the Evolution Martial Arts Student Portal.
"Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Evolution Martial Arts Student Portal, by you.
2. Access to the Evolution Martial Arts Student Portal
We will provide you access to use the Evolution Martial Arts Student Portal according to the terms of this Agreement. We may use third-party service providers to provide some or all elements of the Evolution Martial Arts Student Portal. In order to access and use the Evolution Martial Arts Student Portal, you may be required to establish a username with a third-party service provider, and you grant us the right to share the information necessary to enable your use of the Evolution Martial Arts Student Portal with our third-party service providers.
3. Your Conduct and Content
a. Usage Guidelines. You must review and follow the Student Portal Usage Guidelines. We may change the Student Portal Usage Guidelines from time to time by updating the applicable website. Your use of the Evolution Martial Arts Student Portal is subject to the Student Portal Usage Guidelines, which are incorporated to this Agreement by reference.
b. Acceptable Use. You will use the Evolution Martial Arts Student Portal for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree. Your Content should typically relate to martial arts, fitness, health, and anything related to becoming a better person.
You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Evolution Martial Arts Student Portal or Student Portal Content. In addition, and without limiting the other requirements in this Student Portal TOU, you may not (directly or indirectly) use the Evolution Martial Arts Student Portal with content, or in a manner that:
- is in violation of this Agreement;
- is confidential, proprietary or discloses Sensitive Information;
- discloses or solicits the private information of any person;
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party's intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Evolution Martial Arts Student Portal from using and enjoying our website and/or the Evolution Martial Arts service;
- harvests or otherwise collect information about others, including e-mail addresses, without their consent;
- damages, disables, overburdens, or impairs any Evolution Martial Arts website or interferes with any other party's use and enjoyment of the Evolution Martial Arts Student Portal;
- mirrors or frames the Evolution Martial Arts Student Portal website, or any part of it, on any other website or webpage;
- attempts to gain unauthorized access to the Evolution Martial Arts Student Portal, or access the Evolution Martial Arts Student Portal by any means other than through the interface that we provide to you;
- violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties; and/or
- is in violation of any applicable law or regulation.
e. Our Use of Your Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Evolution Martial Arts Student Portal. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion.
4. Evolution Martial Arts’s Proprietary Rights
You are not granted a license to any software by this Agreement. The Evolution Martial Arts services are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. Our trademarks include, but are not limited to, those listed at https://www.evolutionjkd.com/legal (which we may update at any time without notice to you) and you may not use any of these without our prior written permission.
We encourage all students to comment on the Evolution Martial Arts services, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Evolution Martial Arts services, without payment or attribution to you.
5. Third-Party Sites and Services
Third-Party Services and Third-Party Sites are not under our control. Third-Party Sites and Services are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warranty the Third-Party Site or Product.
6. Term and Termination
a. Term. This Agreement will apply for as long as you use or maintain a username for the Evolution Martial Arts Student Portal.
b. Termination and Suspension. We may terminate this Agreement and/or suspend your access to the Evolution Martial Arts Student Portal immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Evolution Martial Arts Student Portal in a way which has or may negatively reflect on or affect us, our prospects, or our students, or (iii) if we determine it to be necessary or desirable in our sole discretion. (iv) Terminate your contract with us. We are not obligated to provide you with any of Your Content used in connection with the Evolution Martial Arts Student Portal after termination. Termination or expiration of this Agreement shall not cause your training contract agreement to be terminated if you have one.
7. Your Representations and Warranties
You represent and warrant that: (i) your participation in the Evolution Martial Arts Student Portal will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Evolution Martial Arts Student Portal, and that you are not violating any confidentiality obligations by submitting Your Content to the Evolution Martial Arts Student Portal, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary rights.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third-party to the extent that such Action is based upon or arises out of (a) your use of the Evolution Martial Arts Student Portal, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third-party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Services or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
9. Disclaimers; Limitations of Liability
a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE EVOLUTION MARTIAL ARTS SERVICES OR SERVICES, THE EVOLUTION MARTIAL ARTS STUDENT PORTAL, OR THE STUDENT PORTAL CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE EVOLUTION MARTIAL ARTS STUDENT PORTAL IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE EVOLUTION MARTIAL ARTS STUDENT PORTAL AND THE STUDENT PORTAL CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE EVOLUTION MARTIAL ARTS STUDENT PORTAL AND STUDENT PORTAL CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
c. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY Third-party, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.
d. Third-party Services and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE EVOLUTION MARTIAL ARTS STUDENT PORTAL TO YOU.
a. Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at https://www.evolutionjkd.com/legal . The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the Evolution Martial Arts Student Portal.
b. Applicable Law. This Agreement shall be governed by the laws of the Manitoba, Canada without regard to the conflict of laws provisions thereof. In the event, either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue, and jurisdiction of such action shall be in the state and provincial courts in Winnipeg, Manitoba.
c. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
d. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
e. Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Student Portal Content and the Evolution Martial Arts services and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Student Portal Content or the Evolution Martial Arts services and services to prohibited countries or individuals or permit use of the Student Portal Content or the Evolution Martial Arts services and services by prohibited countries or individuals.
f. Correction of Errors and Inaccuracies. The Student Portal Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update the Student Portal Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
g. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.
h. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To Evolution Martial Arts.: Evolution Martial Arts, Inc., 1170 Corydon Ave, Winnipeg, MB, R3M 0Z1 Canada Attention: Joel Ledlow
To you: your address as provided in our account information for you. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
i. Entire Agreement. This Agreement is the entire agreement between us for Evolution Martial Arts Student Portal and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
j. No Third-party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
k. Student Portal Usage Guidelines. We may change the Student Portal Usage Guidelines from time to time by updating our website.
l. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Evolution Martial Arts services and services, our trademarks, or any other property or right of ours.
m. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
n. Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Evolution Martial Arts’s Proprietary Rights’, ‘Your Representations and Warranties’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’.