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TERMS OF SERVICE

Please read these Terms of Service and before using this website and its services. By
continuing to use EvolvedEducator.com, you agree to abide by the following terms.

This agreement is between Evolved Educator, Inc., an Illinois corporation, the owner of
the site www.EvolvedEducator.com, and you, a person who desires to use
www.EvolvedEducator.com and its services. For ease of convenience, all of the websites,
mobile applications, and other online services and products that link to or post these
Terms of Service are collectively referred to as www.EvolvedEducator.com.

By becoming a member (uploading information to register to become user of
www.EvolvedEducator.com and its services), you accept the terms of this agreement. This
is a legally binding agreement between you and Evolved Educator, so please read it
carefully and consult your attorney or other relevant advisors if you do not understand any
of the terms found here or in the Member Agreement.

Do not use www.EvolvedEducator.com if you do not agree with these Terms. Evolved
Educator notes that THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES,
DISCLAIMERS OF LIABILITY, AND LIMITATIONS ON YOUR ABILITY TO BRING A CLAIM
AND THE AMOUNT YOU MAY BE ABLE TO RECOVER.

Personal Information and Content

To use www.EvolvedEducator.com, you: (1) must be of legal age; (2) must provide us with
accurate, complete and truthful contact information and responses to all questions
included in our online registration materials; and (3) must accurately identify yourself. By
accepting and entering into this agreement, you represent that you have the capacity to be
legally bound by it.

You may not upload illegal, false, misleading, abusive, hateful, illegal, obscene, threatening,
defamatory comments or any content that is invasive of privacy rights, infringing of
copyright, trademark or other intellectual property rights, or otherwise injurious to
Evolved Educator or third parties. You may not post or transmit any message, data, image
or program that is indecent, obscene, pornographic, harassing, threatening, abusive,
hateful, racially or ethnically offensive; that encourages conduct that would be considered a
criminal offense, give rise to civil liability or violate any law; or that is otherwise
inappropriate. By submitting content to www.EvolvedEducator.com, you agree to abide by
the terms of this Terms of Agreement and any rules or policies established by Evolved
Educator.

Evolved Educator reserves the right to immediately remove a portion or all of your
information and/or submitted content that violates this Agreement.
Responsibility for the accuracy of information contained in your submissions of any sort
lies with you. Likewise, you are solely and generally responsible for the material or content
you post or provide to Evolved Educator. You warrant that you own or otherwise control
all of the rights (including any copyright, trademark, trade secret, patent or other
intellectual property rights) to the content that you submit.

You hereby authorize and permit Evolved Educator to use information submitted by you
(such as account passwords and usernames) to configure our services, such as ensuring
compatibility with third party sites. Moreover, by submitting content on the web site
www.EvolvedEducator.com, you are representing that you have all necessary and relevant
rights and are hereby granting Evolved Educator a perpetual, worldwide, non-exclusive,
royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of,
modify, display, and perform all or any portion of the content in connection with
www.EvolvedEducator.com and/or Evolved Educator’s business. You are also granting
each user of www.EvolvedEducator.com a non-exclusive license to access your posted
content through www.EvolvedEducator.com on terms established solely by Evolved
Educator, and to use, reproduce, distribute, prepare derivative works of, display and
perform such content as permitted through the functionality of www.EvolvedEducator.com
and under this Agreement.

Nothing will undermine another user’s confidence in your offering faster than inaccurate
statements, misleading representations, or poorly crafted content. And since any erosion
of user confidence in you is likely to be accompanied by erosion of user confidence in us,
we care deeply that the information you supply is accurate and that, in all respects, you
treat other www.EvolvedEducator.com users fairly and honorably.

Further, Evolved Educator does not endorse or vouch for the reliability of any user content
or link that is published on www.EvolvedEducator.com. Evolved Educator is not
responsible for any content and has no duty to monitor the content posted on
www.EvolvedEducator.com or on a web site linked to www.EvolvedEducator.com,
regardless of any actions Evolved Educator may take when operating or maintaining
www.EvolvedEducator.com. Evolved Educator does not endorse, warrant or guarantee
the products or services available through any third party and Evolved Educator is not an
agent or broker or otherwise responsible for the activities or policies of those websites.
Use of information provided by any third party is done at your own risk.

Use of This Site

You may not use this site to promote, without our prior written permission, any other
website, product or service. Except as expressly provided in this agreement, you may not
distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise
exploit any of the materials on this site other than those uploaded by you. You may display
and occasionally print a single copy of any page on the site for your personal,
non-commercial use, but you may not otherwise reproduce any material appearing on this
site without the prior written consent of Evolved Educator. You may not store any
significant portion of, nor distribute copies of, materials found on this site, in any form
(including electronic form), without prior written permission from the owner. Requests
for permission to reproduce or distribute materials found on www.EvolvedEducator.com
should be sent to Hello@EvovledEductor.com or
222 Merchandise Mart Plaza, Suite 1212 Chicago, IL 60654

You are solely responsible for all content submitted to www.EvolvedEducator.com from
your Evolved Educator or any other account used by you.

You may not use www.EvolvedEducator.com to:

➔Improperly access unauthorized materials or sources of information, whether
they preside on the web or elsewhere;

➔Circumvent, reverse engineer, disassemble, decrypt, or otherwise alter or
interfere with (or attempt, encourage, or support anyone else’s attempt to engage in
such activities) any of the software comprising or in any way making up a part of
www.EvolvedEducator.com. Attempts to compromise security is absolutely
prohibited;

➔Take any action that imposes an unreasonable or disproportionately large load on
our infrastructure;

➔Upload or otherwise attempt to transmit virus or other harmful item to Evolved
Educator’s or its users’ computers, devices or systems; or

➔Perform any act that limits any person from using or enjoying
www.EvolvedEducator.com, or that, in Evolved Educator’s exclusive and
unappealable judgment, exposes Evolved Educator or any other party to damage of
any sort.

Breach of this Agreement could result in actions ranging from suspension of access to your
account to civil or criminal penalties.

Website Links

You are free to establish a hypertext link to www.EvolvedEducator.com so long as the link
does not state or imply any endorsement or sponsorship of you, your company, or your site
by Evolved Educator or any of its affiliates.

Without the prior written permission of Evolved Educator, you may not frame any of
Evolved Educator’s content, nor incorporate into another website or other service, any
intellectual property of Evolved Educator or its licensors.

Rights You Grant to Us

As the owner of any information, data, passwords, usernames, other login information,
materials or other content (collectively, “Account Content”) you provide to Evolved
Educator to use our services, you are licensing, for no charge or fee, such information and
content to Evolved Educator for the purpose of participating in our services. Evol
Educator may use this content only to provide our service to you. By submitting this
content, you represent that you are entitled to submit it through

www.EvolvedEducator.com for use for this purpose and for no charges or fees.
You hereby authorize and permit Evolved Educator to use information submitted by you
(such as account passwords and usernames) to configure our services, such as ensuring
compatibility with third party sites.

Trademarks

The “look and feel” of www.EvolvedEducator.com and other materials (e.g., photographs,
editorial content, notices, software, etc.) are protected under United States and other
applicable copyright, trademark and other laws. (The “look and feel” includes the following
examples: the text, graphics, images, logos and button icons appearing on the website.) The
contents of www.EvolvedEducator.com belong or are licensed to Evolved Educator or its
software or content suppliers. Evolved Educator grants you the right to view and use
www.EvolvedEducator.com subject to these terms. You may download or print a copy of
information provided on www.EvolvedEducator.com for your personal, internal and
non-commercial use only and not in any classroom or other educational or professional
setting. Any distribution, reprint or electronic reproduction of any content from
www.EvolvedEducator.com, in whole or in part, for any other purpose is expressly
prohibited without Evolved Educator’s prior written consent.

Content Guidelines

By submitting your information or other content to Evolved Educator, you represent and
warrant that your submission does not contain any computer viruses, worms, or other
damaging computer files or code.

By accessing this website, you agree that you not will not use any automated mechanism
(such as web robots, crawlers, or spiders) to access, query or otherwise collect information
or scrape data from www.EvolvedEducator.com or any other service or website owned or
operated by Evolved Educator except in strict conformance with the Robots Exclusion
Protocol.

Indemnification

You will indemnify and hold harmless Evolved Educator, its affiliates and service providers
(and all of their respective officers, directors, employees and representatives) from all
claims, demands, damages and costs (including attorneys’ fees) resulting from content you
submit.

Alerts and Updates

Evolved Educator may from time to time provide automatic alerts and voluntary
account-related alerts. Automatic alerts may be sent to you following certain types of
changes made online to your Evolved Educator account, such as a change in your
registration information or the registration process. You do not need to activate these
alerts. Evolved Educator recommends that you review all security-related, account-related,
registration-related, and similar alerts to ensure your continued access to and enjoyment of
www.EvolvedEducator.com

Evolved Educator may add new or cease to send alerts at any time upon its sole discretion.
Each alert may have different options available—please read them carefully.

Any such electronic alerts will be sent to the email address you have provided as your
primary email address to Evolved Educator. If your email address changes, you are solely
responsible for alerting Evolved Educator and making the requisite changes at
www.EvolvedEducator.com. Changes to your email address will apply to all of your alerts.
Alerts may include your login ID and some information about your account. Anyone with
access to your email will be able to view the content of these alerts. You may disable future
alerts at any time.

You understand and agree that any alerts provided to you may be delayed or prevented
various factors. Evolved Educator does its best to provide timely alerts manner with
accurate information. Evolved Educator does not guarantee the delivery or the accuracy of
the content of any alert. You expressly agree that Evolved Educator shall not be liable for
any delays, delivery failures, or misdirected deliveries of any alert, for any errors in the
content of an alert, or for any actions taken or not taken by you or any third party in
reliance on an alert.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL EVOLVED EDUCATOR OR ITS AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN
DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR
SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THIS WEBSITE INCLUDING,
WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE
LIABILITY OF EVOLVED EDUCATOR AND ITS AFFILIATES, AGENTS AND LICENSORS, IF
ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM RELATED TO YOUR USE OF THIS
WEBSITE WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE WEBSITE
OR $1,000, WHICHEVER IS GREATER.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF
THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS EVOLVED EDUCATOR, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND
LICENSEES AGAINST ANY AND ALL CLAIMS THAT ARISE OUT OF ANY LISTING YOU PLACE
ON THE SITE.

Privacy and Intellectual Property

Evolved Educator respects your privacy and takes privacy related issues very seriously.
Please take a moment to review our Privacy Policy.

We invite you to bring to our attention any material on www.EvolvedEducator.com that
you believe to be inaccurate. Please forward a copy of the material to
Michelle@EvolvedEducator.com, along with an explanation of your objection.

If you are an owner of intellectual property who believes your intellectual property has
been improperly posted or distributed via this website, please notify us by sending an
email to Michelle@EvolvedEducator.com or by sending a notice by U.S. Mail to: EVOLVED
EDUCATOR, INC., 222 Merchandise Mart Plaza, Suite 1212 Chicago, IL 60654.

Amendments to Agreement

The web is an evolving medium and we may change the terms of this agreement from time
to time. By continuing to use this website following our posting of such changes, you agree
to be bound by this agreement, as modified. Evolved Educator may change, restrict access
to, suspend, or discontinue this website, or any portion of this website, at any time.
Registration Information

To obtain user access to www.EvolvedEducator.com, you will be given an opportunity to
register by creating a unique user name, password, and/or other information. You agree
that the information you supply during that registration process will be accurate and
complete and that you will not register under the name of another person. Evolved
Educator reserves the right to disallow use of any username that we deem offensive or
inappropriate.

You will be responsible for preserving the confidentiality of your password and for all
actions of persons accessing www.EvolvedEducator.com through any username/password
assigned to you. You will promptly notify Evolved Educator of any known or suspected
unauthorized use of your account, which also your sole responsibility. It is your
responsibility to update or change your email address or username if need be.

We retain the right to deny access to anyone who we believe has violated these terms of
service.

Governing Law; Venue for Disputes; Miscellaneous

This Agreement, and your relationship with Evolved Educator under this Agreement, is
governed by the laws of the State of Illinois. Any dispute with Evolved Educator, or its
affiliates, officers, directors, shareholders, employees, agents, consultants and advisers,
arising under or in relation to this Agreement shall be resolved exclusively within Illinois,
except with respect to imminent harm requiring temporary or preliminary injunctive relief
in which case Evolved Educator may seek such relief in any court with jurisdiction over the
parties. You understand that, in return for agreement to this provision, Evolved Educator is
able to offer its services at the terms designated, without charge to you, and that your
assent to this provision is an integral part of Evolved Educator ‘s willingness to enter into
this Agreement.

This Agreement will continue to apply until terminated by either you or Evolved Educator.
You may terminate your legal agreement with Evolved Educator by closing your account
registered with www.EvolvedEducator.com. Evolved Educator may at any time, in its sole
discretion, terminate its legal agreement with you immediately upon notice to the email
address provided by you as part of your member registration.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be
deemed unlawful, void or unenforceable, but only that portion of this Agreement that is
unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Evolved Educator does not exercise or enforce any legal right or remedy
which is contained in the Agreement (or which Evolved Educator has the benefit of under
any applicable law), such failure to exercise such right or remedy may not be construed as
a waiver of any other rights and remedies of Evolved Educator.

Your access and use of www. Evolved Educator.com may be interrupted from time to time
for a variety of reasons. Possible reasons include, but are not limited to, equipment issues,
periodic updating, maintenance or repair of www.Evolved Educator.com. It is impossible
for Evolved Educator to foresee or anticipate every potential technical or other difficulty
that may result in personalized settings, failure to obtain data or loss of data, or other
issues. Evolved Educator does not, and cannot, assume responsibility for the timeliness,
accuracy, deletion, non-delivery or failure to store any user data, communications or
personalized settings by you.

Evolved Educator does not intend to provide legal, tax, financial, or medical advice.
Evolved Educator does not provide any technical advice beyond what is expressly provided
on www. Evolved Educator.com or other communication.

Evolved Educator is a privately owned Illinois corporation.

All covenants, agreements, representations and warranties made in this Agreement shall
survive your acceptance of this Agreement and the termination of this Agreement.

This Member Agreement (including the Privacy Policy incorporated by reference to this
Agreement) represents the entire understanding and agreement between you and Evolved
Educator regarding the subject matter of the same, and supersedes all other previous
agreements unless otherwise noted herein.

Evolved Educator encourages you to print or save a copy of this Agreement and the Privacy
Policy for your records if you wish to do so.

©2018 Evolved Educator Chicago, IL and San Jose, CA

 

Evolved Educator Copyright ©2018 Chicago, IL and San Jose, CA