TERMS OF USE
These Terms of Use apply to all websites that are owned, operated, and maintained by or for Alpha recruiting LLC, DBA Evolv Sports Performance and its affiliates (collectively, “we,” “us,” or “our”), including evolvsportperformance.com, and any other websites on which these Terms of Use are linked (collectively, the “Sites”), as well as your use of our services, web applications, subscriptions, digital content, and other interactions with us, including through social media (collectively, the “Services”).
General Provisions
THESE TERMS OF USE, TOGETHER WITH OUR PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE SITES OR SERVICES (COLLECTIVELY, THE “TERMS”), CONSTITUTE A LEGALLY BINDING AGREEMENT GOVERNING YOUR USE OF THE SITES AND SERVICES.
By accessing or using the Sites or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Sites or Services.
The Sites and Services are intended solely for individuals who are at least 10 years of age, are citizens or lawful permanent residents of the United States, and reside within the United States. If you do not meet these criteria, you are prohibited from using the Sites or Services.
We may modify these Terms at any time in our sole discretion. If a modification is material, we will provide notice at least fourteen (14) days prior to the effective date by posting on the Sites or via email. Continued use of the Sites or Services after the effective date constitutes acceptance of the revised Terms.
You represent that all information you provide is accurate and that you will comply with all applicable federal, state, and local laws.
Account Registration and Security
If you create an account, you agree to provide accurate and complete information and to keep such information current. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account.
You may not share your password or impersonate another person or entity. We reserve the right to suspend or terminate accounts that are compromised, misused, or violate these Terms.
Billing, Payment, and Subscriptions
Subscription Plans
We offer subscription-based Services with varying features and pricing. You agree to review all disclosures provided prior to purchase.
Automatic Renewal
Subscriptions automatically renew unless canceled at least three (3) business days prior to the renewal date.
Free or Discounted Trials
Trial subscriptions automatically convert to paid subscriptions unless canceled before the trial ends.
Payments
You authorize us or our payment processors to charge your selected payment method. If payment fails, we may reattempt charges and suspend access if unresolved.
Cancellation and Refunds
You may cancel at any time. Fees are non-refundable and access continues through the paid period.
Price Changes
We may adjust pricing with at least 30 days’ notice prior to renewal.
Acceptable Use
You agree not to:
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Violate any law or regulation
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Harass, threaten, defame, or harm others
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Upload or transmit unlawful, offensive, or discriminatory content
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Attempt to reverse engineer or interfere with system functionality
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Use the Sites or Services for fraudulent or unauthorized purposes
We may suspend or terminate access at our discretion for violations.
User Data and Data Rights
We maintain data you provide in accordance with our Privacy Policy. You are responsible for maintaining backups. We are not liable for loss or corruption of data.
Florida residents may have rights under applicable Florida privacy laws, including access, correction, deletion, and opt-out rights, as described in our Privacy Policy.
Termination
We may suspend or terminate your access at any time, with or without notice. Upon termination, we may delete associated data. No refunds are provided for terminations resulting from violations.
Disclaimer of Warranties
THE SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU IN THE SIX (6) MONTHS PRIOR TO THE CLAIM OR (B) $100.
Intellectual Property
All content, trademarks, logos, software, and materials are owned or licensed by us and protected by U.S. and international law. You receive a limited, non-exclusive, revocable license for personal, non-commercial use only.
DMCA Copyright Notice
If you believe content infringes your copyright, contact:
Evolv Sports Performance
zach@evolvsportperformance.com
Include all information required under the Digital Millennium Copyright Act.
Dispute Resolution and Arbitration
Any dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association. Arbitration shall occur in Florida, unless otherwise required by law. Class actions are waived.
Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Indemnification
You agree to indemnify and hold us harmless from claims arising out of your use of the Sites or Services, violation of these Terms, or violation of applicable law.
Force Majeure
We are not liable for delays or failures due to events beyond reasonable control, including natural disasters, pandemics, or governmental actions.
Feedback
You grant us a perpetual, royalty-free right to use any feedback or suggestions without compensation or obligation.
Miscellaneous
These Terms constitute the entire agreement. If any provision is unenforceable, it will be modified to the minimum extent necessary. We may assign these Terms without notice. Headings are for convenience only.