Updated April 22, 2020

This website http://www.danielthomashind.com (“Site”) (which is also accessible through http://evolutioneat.com) is operated by EvolutionEat, LLC.

We require that by visiting our Site and social media accounts of Daniel Thomas Hind and EvolutionEat (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.

 

Minors or people below 18 years old are not allowed to use this Site.

 

 

Intellectual Property Rights

Other than the content you own, under these Terms, EvolutionEat LLC and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and EvolutionEat LLC may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant EvolutionEat LLC a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. EvolutionEat LLC reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and EvolutionEat LLC express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall EvolutionEat LLC, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  EvolutionEat LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent EvolutionEat LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

EvolutionEat LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The EvolutionEat LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between EvolutionEat LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

DISPUTE RESOLUTION

  1. Governing Law. 

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

  1. 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 fees and court costs.

  1. 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.

  1. Notice. 

All notices to EvolutionEat, LLC shall be in writing and shall be sent to Daniel 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 Daniel@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.