Terms and Conditions
KAPOK CONSULTING LTD (DBA Evergreen Edge)
BY VISITING EVERGREENEDGE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using evergreenedge.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we,” “us,” “our” and “Evergreen Edge” refer to Kapok Consulting LTD DBA Evergreen Edge (the “Company”), owner of evergreenedge.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products as stated by the Company unless a separate Terms of Purchase Agreement is provided at purchase. No refunds will be given for any products purchased online.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. ADDITIONALLY, KAPOK CONSULTING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE KAPOK CONSULTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KAPOK CONSULTING LTD (DBA EVERGREEN EDGE) CUMULATIVE LIABILITY TO YOU EXCEED $20.
THIRD PARTY RESOURCES
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; ARBITRATION
These Terms shall be construed in accordance with, and governed by, the laws of the State of Maryland. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Baltimore, MD or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Evergreen Edge pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by KAPOK CONSULTING LTD. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms and Conditions, please email: firstname.lastname@example.org
KAPOK CONSULTING LTD (DBA Evergreen Edge)
By using evergreenedge.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Disclaimers. The terms “we,” “us,” “our” and “Evergreen Edge” refer to Kapok Consulting LTD (the “Company”), owner of evergreenedge.com (“the Website). Accessing this Site or other websites hosting Company content constitutes a use of said Site and an acceptance to the Disclaimers provided herein.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this Website and/or other Content, including but not limited to blog, email communications, videos, webinars, courses, templates, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of any actions and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not medical professionals, licensed psychologists, attorneys, or financial advisers, and the information provided here does not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.
You acknowledge that the Company has not and does not make any representations as to a future result of any kind that may be derived as an outcome of use of the Company’s Website, programs, products or services. Examples shown through Company’s website or other platforms are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Website, trainings, written materials, or other recommendations.
If you have any questions or concerns regarding these Disclaimers, please email: email@example.com.
TERMS OF PURCHASE
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services as part of the Evergreen Edge Academy and Community (“Membership”) operated by Kapok Consulting LTD and you are entering into a legally binding agreement with the Company, subject to the following terms:
- TERMS OF MEMBERSHIP.
(a) Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on evergreenedge.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
- Weekly or Other Periodic Live Online Events
- Online Community Group or Forum
- Ongoing Content
(b) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
(c) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(d) The Company may from time to time offer extra Services to Client for an additional fee.
(e) Client will have access to the Membership Site for as long as the Client remains in good standing and is fully paid up for the term in question.
(f) At any point should Company be terminating the Membership Site, Client will be given at least thirty (30) days notice.
(g) Client has the option to cancel membership at any time in writing via email to the Company. Cancellation will take effect the following billing cycle.
- PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.
(b) No refunds will be provided.
(c) With initial payment of the fee stated on the website, Client commits to a twelve (12) month term to the Membership, at the end of the initial term or at anytime thereafter, Client will be charged on a monthly or annual basis as determined at the time of the initial purchase.
(d) After the initial one (1) month term, excluding any free trial period, Client will then be charged payment every thirty (30) days, at which time the payment will be automatically debited via the account information included upon purchase.
(e) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
(f) In the event Client fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.
(g) In the event Client ends its Membership and at some time in the future wishes to rejoin the Membership, Company is under no obligation to offer the same price and can offer any price Company desires.
- DISCLAIMER. By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on modules, content, guest speakers, videos, services, or products.
By participating in the Membership, Client acknowledges that the Company nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.
The Company may provide the Client with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as fundraising, marketing, technology, strategy, health, or other related services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the Client when this is the case. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.
- RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group calls, webinars, office hours, and/or trainings may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.
- INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this Membership, including but not limited to modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Membership, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website or Membership content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
- DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
- LIMITATION OF LIABILITY. By using the Company’s Services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at the user’s own risk.
- ACCEPTABLE USE POLICY. We believe strongly in preserving free speech and expression for our clients. We also want to make sure that all of our clients and experts feel safe and comfortable while using our Services. Kapok Consulting LTD drafted these guidelines to ensure that people understand and follow the rules when participating in our Membership and otherwise using our Services.
Although Company does not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a client’s access to all or part of the Services.
Client is prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities.
- Contains threats or organizes acts of real-world violence. We do not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harrasses others. We encourage commentary about people and matters of public interest. Abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Advertises to others. We do not allow advertising, promotional, or solicitation content.
- Otherwise violates the Company Terms of Service. Please note that specific live sessions and resources may have additional rules and requirements.
Client is also not allowed to:
- Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other client’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content in the Membership or from our Services.
- Access, tamper with, or use non-public areas of our systems.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any client, user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Online Community Groups and Forums
To ensure your peer connections and our content is as current as possible, Company hosts private online community groups and forums as central places for client and expert discussion. To get the most value out of Membership, we strongly encourage Client to join community groups and forums.
Members of the online community group must follow all terms and conditions for group participation as established by the platform hosting the community groups. In addition all clients must follow the Company’s rules stated below. Failure of Client to comply with these rules may result in your comments being removed from the group page, termination in your participation in the group, and/or cancellation of your membership.
- Kindness and Courtesy
- Our online community groups and forums are a welcoming environment.
- Everyone and their opinions will be treated with respect.
- Healthy debates are natural, but kindness is required.
- Threatening and Illegal Behavior
- Do not do anything to make anyone in the Membership feel unsafe.
- Bullying or abusive speech of any kind is not allowed.
- Degrading or inappropriate comments on matters such as race, religion, culture, sexual orientation, sex, gender or identity, job status, geography will not be tolerated.
- Threatening violence or harm, or the promotion of any other illegal activity is not permitted under any circumstance, even in jest.
- You will contribute to an atmosphere of mutual trust.
- Respect and uphold the privacy of all other group members.
- What is shared in the group should stay in the group.
- You will not directly add members to the group.
- You will not share your access to any Evergreen Edge groups or forums with anyone else.
- Promotions and Spam
- Self-promotion, spam, and irrelevant links are not allowed.
- You may not advertise anything to any Evergreen Edge groups or forums. This includes job opening, as well as products and services for sale.
- JURISDICTION AND DISPUTE RESOLUTION. These Terms shall be construed in accordance with, and governed by, the laws of the State of Maryland. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Baltimore, MD or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to firstname.lastname@example.org.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Updated: August 30, 2022
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