Terms and Conditions
Last updated January 01, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Evo Capital Holdings, doing business as Evolution Physical Therapy and Fitness, Evolution PT, Evolution Physical Therapy, and Evolution Long Island (“Company,” “we,” “us,” “our”), a company registered in California, United States, at 201 N Robertson Blvd, Beverly Hills, CA 90211.
We operate the website https://www.evolutionphysicaltherapy.com/ (the “Site”), as well as any other related products and services that refer or link to these legal terms (“Legal Terms”) (collectively, the “Services”). We are the home of Evolution Physical Therapy, a website dedicated to providing information about the multiple locations of the fitness/physical-therapy-based business.
You can contact us by phone at (424) 303-7647, email at mike@evolution-pt.com, or by mail to 201 N Robertson Blvd, Beverly Hills, CA 90211, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Evo Capital Holdings, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- EVOLUTION FITNESS
- CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: mike@evolution-pt.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending us Submissions through any part of the Services, you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submission; and
- warrant and represent that your Submission does not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Legal Terms;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use the Services for any illegal or unauthorized purpose; and
- your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material (including excessive use of capital letters and spamming) that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including 1×1 pixels, web bugs, cookies, or other similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Services (“Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content available through the Services. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services, as well as from any losses or harm caused to you relating to or resulting from any Third-Party Content or contact with Third-Party Websites.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- monitor the Services for violations of these Legal Terms;
- take appropriate legal action against anyone who violates the law or these Legal Terms;
- in our sole discretion and without limitation, refuse, restrict access to, or disable any of your Contributions;
- remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and
- otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://www.evolutionphysicaltherapy.com/privacy-policy/
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws that differ from U.S. laws, then through your continued use of the Services, you are transferring your data to the United States, and you consent to have your data transferred to and processed in the United States.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account, you are prohibited from registering a new account under your name or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance. We reserve the right to change or otherwise modify the Services at any time without notice. You agree that we have no liability whatsoever for any loss caused by your inability to access or use the Services.
12. GOVERNING LAW
These Legal Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
13. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim (“Dispute”) related to these Legal Terms, you and we agree to first attempt to negotiate any Dispute (except those expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules.
If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through documents, by phone, or online. The arbitrator will make a decision in writing. Except as otherwise required, the arbitration will take place in Nassau County, New York.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in state and federal courts located in Nassau County, New York, and the Parties consent to such personal jurisdiction.
In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions: (a) any Dispute seeking to enforce or protect intellectual property rights; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
14. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors or update the information on the Services at any time, without prior notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SERVICES’ CONTENT AND ASSUME NO LIABILITY FOR ANY (1) ERRORS OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION, (5) ANY BUGS OR VIRUSES TRANSMITTED, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE. USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR OTHER DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO $10,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including attorneys’ fees, due to or arising out of:
- your use of the Services;
- breach of these Legal Terms;
- any breach of your representations and warranties;
- your violation of the rights of a third party; or
- any overt harmful act toward any other user of the Services.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate at your expense with our defense of such claims.
18. USER DATA
We will maintain certain data that you transmit to the Services for purposes of managing performance, as well as data related to your use. Although we perform routine backups of data, you are solely responsible for all data you transmit relating to any activity. You agree that we shall have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from any such loss or corruption.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS FOR ALL TRANSACTIONS. You waive any rights or requirements under laws requiring an original signature or delivery of non-electronic records.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on or in respect to the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right shall not operate as a waiver of such right. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others. We shall not be responsible for any loss caused by any cause beyond our reasonable control. If any provision of these Legal Terms is unlawful or unenforceable, that provision is severable and does not affect validity of remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any defenses based on the electronic form of these Legal Terms.
22. EVOLUTION FITNESS
1-1, small group and large group training options; you can expect to receive follow up, information and scheduling messages upon opting in.
You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@evolution-pt.com or call (475) 209-9420. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our privacy policy: https://www.evolutionphysicaltherapy.com/privacy-policy/
23. CONTACT US
In order to resolve a complaint or receive further information regarding use of the Services, please contact us at:
Evo Capital Holdings
201 N Robertson Blvd
Beverly Hills, CA 90211
United States
Phone: (424) 303-7647
Email: mike@evolution-pt.com