Terms & Conditions

Updated at 2021-04-01

General Terms

By accessing and placing an order with Grounded Evolution, LLC , you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email orother type of communication between you and Grounded Evolution, LLC .Under no circumstances shall Grounded Evolution, LLC team be liable for any direct, indirect, special, incidental orconsequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Grounded Evolution, LLC team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Grounded Evolution, LLC will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

License

Grounded Evolution, LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install and usethe website strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and Grounded Evolution, LLC (referred to in these Terms & Conditionsas “Grounded Evolution, LLC “, “us”, “we” or “our”), the provider of the Grounded Evolution, LLC website and the servicesaccessible from the Grounded Evolution, LLC website (which are collectively referred to in these Terms & Conditions as the”Grounded Evolution, LLC Service”).You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not usethe Grounded Evolution, LLC Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as :l

Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.l

Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Grounded Evolution, LLC, 3257 19th St NW Suite 3, Rochester, MN 55901 that is responsible for your information under this Terms & Conditions.l

Country: where Grounded Evolution, LLC or the owners/founders of Grounded Evolution, LLC are based, in this case is United Statesl

Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Grounded Evolution, LLC Service: refers to the service provided by Grounded Evolution, LLC as described in the relative terms (if available) and onthis platform.

Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provideour content or whose products or services we think may interest you.

Website: Grounded Evolution, LLC .”’s” site, which can be accessed via this URL: grounded-evolution.com

You: a person or entity that is registered with Grounded Evolution, LLC to use the Services and use the services.

Restrictions

You agree not to, and you will not permit others to:lLicense, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit thewebsite or make the platform available to any third party.lModify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.lRemove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Grounded Evolution,LLC or its affiliates, partners, suppliers or the licensors of the website.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to GroundedEvolution, LLC with respect to the website shall remain the sole and exclusive property of Grounded Evolution, LLC .Grounded Evolution, LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in anyway without any credit or any compensation to you.

Your Consent

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our siteand how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms& Conditions.

Links to Other Website

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Grounded Evolution, LLC . We are not responsible for the content, accuracy or opinions expressed in suchwebsites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please rememberthat when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Yourbrowsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s ownrules and policies. Such third parties may use their own cookies or other methods to collect information.

Cookies

Grounded Evolution, LLC uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece ofdata stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance andfunctionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videosmay become unavailable or you would be required to enter your login details every time you visit the website as we would notbe able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However,if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place PersonallyIdentifiable Information in Cookies.

Modifications to Our website

Grounded Evolution, LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or anyservice to which it connects, with or without notice and without liability to you.

Updates to Our website

Grounded Evolution, LLC may from time to time provide enhancements or improvements to the features/ functionality of thewebsite, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).Updates may modify or delete certain features and/or functionalities of the website. You agree that Grounded Evolution, LLChas no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities ofthe website to you.You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the termsand conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other productsservices) or provide links to third-party websites or services (“Third- Party Services”).You acknowledge and agree that Grounded Evolution, LLC shall not be responsible for any Third-Party Services, including theiraccuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.Grounded Evolution, LLC does not assume and shall not have any liability or responsibility to you or any other person or entityfor any Third-Party Services.Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely atyour own risk and subject to such third parties’ terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Grounded Evolution, LLC .Grounded Evolution, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreementwith or without prior notice.This Agreement will terminate immediately, without prior notice from Grounded Evolution, LLC , in the event that you fail tocomply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copiesthereof from your computer.Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from yourcomputer.Termination of this Agreement will not limit any of Grounded Evolution, LLC ‘s rights or remedies at law or in equity in case ofbreach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement

Notice: If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on yourcopyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owneror a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contactinformation, including your address, telephone number, and an email; (d) a statement by you that you have a good faith beliefthat use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notificationis accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Grounded Evolution, LLC and its parents, subsidiaries, affiliates, officers, employees, agents,partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out ofyour: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Grounded Evolution, LLC , on its own behalf and on behalf of its affiliates andits and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory orotherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, titleand non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.Without limitation to the foregoing, Grounded Evolution, LLC provides no warranty or undertaking, and makes no representationof any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any othersoftware, , systems or services, operate without interruption, meet any performance or reliability standards or be error free orthat any errors or defects can or will be corrected.Without limiting the foregoing, neither Grounded Evolution, LLC nor any Grounded Evolution, LLC ‘s provider makes anyrepresentation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information,content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to theaccuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers,the content, or e-mails sent from or on behalf of Grounded Evolution, LLC are free of viruses, scripts, trojan horses, worms,malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutoryrights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Not withstanding any damages that you might incur, the entire liability of Grounded Evolution, LLC and any of its suppliers underany provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid byyou for the website.To the maximum extent permitted by applicable law, in no event shall Grounded Evolution, LLC or its suppliers be liable for anyspecial, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, forloss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any wayrelated to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, orotherwise in connection with any provision of this Agreement), even if Grounded Evolution, LLC or any supplier has beenadvised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitationor exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted toaccomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisionswill continue in full force and effect.This Agreement, together with the Privacy Policy and any other legal notices published by Grounded Evolution, LLC on theServices, shall constitute the entire agreement between you and Grounded Evolution, LLC concerning the Services. If anyprovision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affectthe validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term ofthis Agreement shall be deemed a further or continuing waiver of such term or any other term, and Grounded Evolution, LLC.”’s” failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOUAND Grounded Evolution, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICESMUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OFACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shallnot effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of abreach constitute waiver of any subsequent breach.o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shalloperate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreementpreclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and anyapplicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Grounded Evolution, LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revisionis material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change willbe determined at our sole discretion.By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. Ifyou do not agree to the new terms, you are no longer authorized to use Grounded Evolution, LLC .

Entire Agreement

The Agreement constitutes the entire agreement between you and Grounded Evolution, LLC regarding your use of the websiteand supersedes all prior and contemporaneous written or oral agreements between you and Grounded Evolution, LLC .You may be subject to additional terms and conditions that apply when you use or purchase other Grounded Evolution, LLC ‘sservices, which Grounded Evolution, LLC will provide to you at the time of such use or purchase.

Updates to our terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect ourService and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we makechanges to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use theService, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can deleteyour account.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text,displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Grounded Evolution, LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark,patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified,reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of GroundedEvolution, LLC , unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the materialis prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVEOR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Grounded Evolution, LLC .”’s”INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you andGrounded Evolution, LLC concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation,ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Grounded Evolution, LLC must give the other a Notice of Dispute, which is a written statementthat sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the reliefrequested. You must send any Notice of Dispute via email to: info@grounded-evolution.com. Grounded Evolution, LLC will sendany Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and GroundedEvolution, LLC will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice ofDispute is sent. After sixty (60) days, you or Grounded Evolution, LLC may commence arbitration.

Binding arbitration

If you and Grounded Evolution, LLC don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute willbe conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participatein as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration inaccordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim orpreliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or propertypending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by theprevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data orproposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agreethat such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property ofGrounded Evolution, LLC without any compensation or credit to you whatsoever. Grounded Evolution, LLC and its affiliates shallhave no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or postsfor any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing productsand services using such ideas.

Promotions

Grounded Evolution, LLC may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”)that require you to submit material or information concerning yourself. Please note that all Promotions may be governed byseparate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You areresponsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion,you agree to abide by and to comply with all Promotions Rules.Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms andconditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, weshall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shallhave the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. Ifyour credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit toyour credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to beunenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision ofthese Terms & Conditions will be effective only if in writing and signed by an authorized representative of Grounded Evolution,LLC . Grounded Evolution, LLC will be entitled to injunctive or other equitable relief (without the obligations of posting any bondor surety) in the event of any breach or anticipatory breach by you. Grounded Evolution, LLC operates and controls theGrounded Evolution, LLC Service from its offices in United States. The Service is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly,those persons who choose to access the Grounded Evolution, LLC Service from other locations do so on their own initiative andare solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions(which include and incorporate the Grounded Evolution, LLC Privacy Policy) contains the entire understanding, and supersedesall prior understandings, between you and Grounded Evolution, LLC concerning its subject matter, and cannot be changed ormodified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

Grounded Evolution, LLC is not responsible for any content, code or any other imprecision.Grounded Evolution, LLC does not provide warranties or guarantees.In no event shall Grounded Evolution, LLC be liable for any special, direct, indirect, consequential, or incidental damages or anydamages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use ofthe Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to thecontents on the Service at any time without prior notice.The Grounded Evolution, LLC Service and its contents are provided “as is” and “as available” without any warranty orrepresentations of any kind, whether express or implied. Grounded Evolution, LLC is a distributor and not a publisher of thecontent supplied by third parties; as such, Grounded Evolution, LLC exercises no editorial control over such content and makesno warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandiseprovided through or accessible via the Grounded Evolution, LLC Service. Without limiting the foregoing, Grounded Evolution,LLC specifically disclaims all warranties and representations in any content transmitted on or in connection with the GroundedEvolution, LLC Service or on sites that may appear as links on the Grounded Evolution, LLC Service, or in the productsprovided as a part of, or otherwise in connection with, the Grounded Evolution, LLC Service, including without limitation anywarranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or writteninformation given by Grounded Evolution, LLC or any of its affiliates, employees, officers, directors, agents, or the like will createa warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, GroundedEvolution, LLC does not warrant that the Grounded Evolution, LLC Service will be uninterrupted, uncorrupted, timely, orerror-free.

Contact Us

Don’t hesitate to contact us with questions.

Via Email: info@grounded-evolution.comlVia Phone Number: 507-218-1286lVia this Link: https://grounded-evolution.com/contact/lVia this Address: 3257 19th St NW Suite 3, Rochester, MN 55901

lService: refers to the service provided by Grounded Evolution, LLC as described in the relative terms (if available) and onthis platform.lThird-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provideour content or whose products or services we think may interest you.lWebsite: Grounded Evolution, LLC .”’s” site, which can be accessed via this URL: grounded-evolution.comlYou: a person or entity that is registered with Grounded Evolution, LLC to use the Services.

lService: refers to the service provided by Grounded Evolution, LLC as described in the relative terms (if available) and onthis platform.lThird-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provideour content or whose products or services we think may interest you.lWebsite: Grounded Evolution, LLC .”’s” site, which can be accessed via this URL: grounded-evolution.comlYou: a person or entity that is registered with Grounded Evolution, LLC to use the Services.RestrictionsYou agree not to, and you will not permit others to:lLicense, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit thewebsite or make the platform available to any third party.lModify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.lRemove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Grounded Evolution,LLC or its affiliates, partners, suppliers or the licensors of the website.Return and Refund PolicyThanks for shopping at Grounded Evolution, LLC . We appreciate the fact that you like to buy the stuff we build. We also want tomake sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.As with any shopping experience, there are terms and conditions that apply to transactions at Grounded Evolution, LLC . We’llbe as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase atGrounded Evolution, LLC , you agree to the terms along with Grounded Evolution, LLC .”’s” Privacy Policy.If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and wewill discuss any of the issues you are going through with our product.Your SuggestionsAny feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to GroundedEvolution, LLC with respect to the website shall remain the sole and exclusive property of Grounded Evolution, LLC .Grounded Evolution, LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in anyway without any credit or any compensation to you.Your ConsentWe’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our siteand how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms& Conditions.Links to Other WebsitesThis Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated orcontrolled by Grounded Evolution, LLC . We are not responsible for the content, accuracy or opinions expressed in suchwebsites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please rememberthat when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Yourbrowsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s ownrules and policies. Such third parties may use their own cookies or other methods to collect information about you.CookiesGrounded Evolution, LLC uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece ofdata stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance andfunctionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videosmay become unavailable or you would be required to enter your login details every time you visit the website as we would notbe able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However,if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place PersonallyIdentifiable Information in Cookies.Changes To Our Terms & ConditionsYou acknowledge and agree that <?=Grounded Evolution, LLC ;?> may stop (permanently or temporarily) providing the Service(or any features within the Service) to you or to users generally at <?=Grounded Evolution, LLC ;?>’s sole discretion, withoutprior notice to you. You may stop using the Service at any time. You do not need to specifically inform <?=Grounded Evolution,LLC ;?> when you stop using the Service. You acknowledge and agree that if <?=Grounded Evolution, LLC ;?> disables accessto your account, you may be prevented from accessing the Service, your account details or any files or other materials which iscontained in your account.If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditionsmodification date below.Modifications to Our websiteGrounded Evolution, LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or anyservice to which it connects, with or without notice and without liability to you.Updates to Our websiteGrounded Evolution, LLC may from time to time provide enhancements or improvements to the features/ functionality of thewebsite, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).Updates may modify or delete certain features and/or functionalities of the website. You agree that Grounded Evolution, LLChas no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities ofthe website to you.You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the termsand conditions of this Agreement.Third-Party ServicesWe may display, include or make available third-party content (including data, information, applications and other productsservices) or provide links to third-party websites or services (“Third- Party Services”).You acknowledge and agree that Grounded Evolution, LLC shall not be responsible for any Third-Party Services, including theiraccuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.Grounded Evolution, LLC does not assume and shall not have any liability or responsibility to you or any other person or entityfor any Third-Party Services.Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely atyour own risk and subject to such third parties’ terms and conditions.Term and TerminationThis Agreement shall remain in effect until terminated by you or Grounded Evolution, LLC .Grounded Evolution, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreementwith or without prior notice.This Agreement will terminate immediately, without prior notice from Grounded Evolution, LLC , in the event that you fail tocomply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copiesthereof from your computer.Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from yourcomputer.Termination of this Agreement will not limit any of Grounded Evolution, LLC ‘s rights or remedies at law or in equity in case ofbreach by you (during the term of this Agreement) of any of your obligations under the present Agreement.Copyright Infringement NoticeIf you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on yourcopyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owneror a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contactinformation, including your address, telephone number, and an email; (d) a statement by you that you have a good faith beliefthat use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notificationis accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.IndemnificationYou agree to indemnify and hold Grounded Evolution, LLC and its parents, subsidiaries, affiliates, officers, employees, agents,partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out ofyour: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.No WarrantiesThe website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To themaximum extent permitted under applicable law, Grounded Evolution, LLC , on its own behalf and on behalf of its affiliates andits and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory orotherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, titleand non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.Without limitation to the foregoing, Grounded Evolution, LLC provides no warranty or undertaking, and makes no representationof any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any othersoftware, , systems or services, operate without interruption, meet any performance or reliability standards or be error free orthat any errors or defects can or will be corrected.Without limiting the foregoing, neither Grounded Evolution, LLC nor any Grounded Evolution, LLC ‘s provider makes anyrepresentation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information,content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to theaccuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers,the content, or e-mails sent from or on behalf of Grounded Evolution, LLC are free of viruses, scripts, trojan horses, worms,malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutoryrights of a consumer, so some or all of the above exclusions and limitations may not apply to you.Limitation of LiabilityNotwithstanding any damages that you might incur, the entire liability of Grounded Evolution, LLC and any of its suppliers underany provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid byyou for the website.To the maximum extent permitted by applicable law, in no event shall Grounded Evolution, LLC or its suppliers be liable for anyspecial, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, forloss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any wayrelated to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, orotherwise in connection with any provision of this Agreement), even if Grounded Evolution, LLC or any supplier has beenadvised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitationor exclusion may not apply to you.SeverabilityIf any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted toaccomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisionswill continue in full force and effect.This Agreement, together with the Privacy Policy and any other legal notices published by Grounded Evolution, LLC on theServices, shall constitute the entire agreement between you and Grounded Evolution, LLC concerning the Services. If anyprovision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affectthe validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term ofthis Agreement shall be deemed a further or continuing waiver of such term or any other term, and Grounded Evolution, LLC.”’s” failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOUAND Grounded Evolution, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICESMUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OFACTION IS PERMANENTLY BARRED.WaiverExcept as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shallnot effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of abreach constitute waiver of any subsequent breach.o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shalloperate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreementpreclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and anyapplicable purchase or other terms, the terms of this Agreement shall govern.Amendments to this AgreementGrounded Evolution, LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revisionis material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change willbe determined at our sole discretion.By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. Ifyou do not agree to the new terms, you are no longer authorized to use Grounded Evolution, LLC .Entire AgreementThe Agreement constitutes the entire agreement between you and Grounded Evolution, LLC regarding your use of the websiteand supersedes all prior and contemporaneous written or oral agreements between you and Grounded Evolution, LLC .You may be subject to additional terms and conditions that apply when you use or purchase other Grounded Evolution, LLC ‘sservices, which Grounded Evolution, LLC will provide to you at the time of such use or purchase.Updates to Our TermsWe may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect ourService and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we makechanges to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use theService, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can deleteyour account.Intellectual PropertyThe website and its entire contents, features and functionality (including but not limited to all information, software, text,displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Grounded Evolution, LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark,patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified,reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of GroundedEvolution, LLC , unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the materialis prohibited.Agreement to ArbitrateThis section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVEOR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Grounded Evolution, LLC .”’s”INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you andGrounded Evolution, LLC concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation,ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.Notice of DisputeIn the event of a dispute, you or Grounded Evolution, LLC must give the other a Notice of Dispute, which is a written statementthat sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the reliefrequested. You must send any Notice of Dispute via email to: info@grounded-evolution.com. Grounded Evolution, LLC will sendany Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and GroundedEvolution, LLC will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice ofDispute is sent. After sixty (60) days, you or Grounded Evolution, LLC may commence arbitration.Binding ArbitrationIf you and Grounded Evolution, LLC don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute willbe conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participatein as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration inaccordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim orpreliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or propertypending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by theprevailing party shall be borne by the non-prevailing party.Submissions and PrivacyIn the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data orproposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agreethat such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property ofGrounded Evolution, LLC without any compensation or credit to you whatsoever. Grounded Evolution, LLC and its affiliates shallhave no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or postsfor any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing productsand services using such ideas.PromotionsGrounded Evolution, LLC may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”)that require you to submit material or information concerning yourself. Please note that all Promotions may be governed byseparate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You areresponsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion,you agree to abide by and to comply with all Promotions Rules.Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms andconditions are made a part of this Agreement by this reference.Typographical ErrorsIn the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, weshall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shallhave the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. Ifyour credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit toyour credit card account or other payment account in the amount of the charge.MiscellaneousIf for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to beunenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision ofthese Terms & Conditions will be effective only if in writing and signed by an authorized representative of Grounded Evolution,LLC . Grounded Evolution, LLC will be entitled to injunctive or other equitable relief (without the obligations of posting any bondor surety) in the event of any breach or anticipatory breach by you. Grounded Evolution, LLC operates and controls theGrounded Evolution, LLC Service from its offices in United States. The Service is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly,those persons who choose to access the Grounded Evolution, LLC Service from other locations do so on their own initiative andare solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions(which include and incorporate the Grounded Evolution, LLC Privacy Policy) contains the entire understanding, and supersedesall prior understandings, between you and Grounded Evolution, LLC concerning its subject matter, and cannot be changed ormodified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.DisclaimerGrounded Evolution, LLC is not responsible for any content, code or any other imprecision.Grounded Evolution, LLC does not provide warranties or guarantees.In no event shall Grounded Evolution, LLC be liable for any special, direct, indirect, consequential, or incidental damages or anydamages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use ofthe Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to thecontents on the Service at any time without prior notice.The Grounded Evolution, LLC Service and its contents are provided “as is” and “as available” without any warranty orrepresentations of any kind, whether express or implied. Grounded Evolution, LLC is a distributor and not a publisher of thecontent supplied by third parties; as such, Grounded Evolution, LLC exercises no editorial control over such content and makesno warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandiseprovided through or accessible via the Grounded Evolution, LLC Service. Without limiting the foregoing, Grounded Evolution,LLC specifically disclaims all warranties and representations in any content transmitted on or in connection with the GroundedEvolution, LLC Service or on sites that may appear as links on the Grounded Evolution, LLC Service, or in the productsprovided as a part of, or otherwise in connection with, the Grounded Evolution, LLC Service, including without limitation anywarranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or writteninformation given by Grounded Evolution, LLC or any of its affiliates, employees, officers, directors, agents, or the like will createa warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, GroundedEvolution, LLC does not warrant that the Grounded Evolution, LLC Service will be uninterrupted, uncorrupted, timely, orerror-free.Contact UsDon’t hesitate to contact us if you have any questions.lVia Email: info@grounded-evolution.comlVia Phone Number: 507-218-1286lVia this Link: https://grounded-evolution.com/contact/lVia this Address: 3257 19th St NW Suite 3, Rochester, MN 55901