Evolve Online Learning by The Eden Alternative

Terms of Use

The Eden Alternative, Inc. provides this learning platform, any courses offered, and other linked and related sites and content (the “Site”) to its customers, vendors, students, and other Site users (“Users”) upon agreement and subject to the following Terms of Use. Please read these Terms of Use carefully before using the Site. Your use of the Site constitutes your acceptance of these “Terms of Use” and forms a binding agreement between you and The Eden Alternative. If you do not agree to these Terms of Use, do not use this Site.

1. Use of Site

The Eden Alternative provides various materials, information, quizzes, tests, questions, articles, news, links, and other information on the Site (collectively, the “Materials”). By creating an account, The Eden Alternative authorizes you to view and download one copy of the Materials. You agree not to make modifications to the Materials and all copyright(s) and other proprietary notices contained in the original Materials shall be included on any copies of the Materials. You further agree not to modify, alter, or amend the Materials in any way or reproduce, share, or distribute the Materials. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site and The Eden Alternative shall be entitled to pursue any and all of its legal rights against you for such breach.

Sharing login privileges with individuals who have not paid for the course is prohibited and considered a breach of these Terms of Use. Individuals who are not appropriately registered for the course are also not eligible for a Certificate of Completion or CEUs. The Eden Alternative tracks each student's learning journey, so that The Eden Alternative may better support your learning goals. On a shared account, it would be hard for an individual to keep track of their progress through the course. The system is designed to track student progress and resume course content where they left off. As such, it's impossible for the experience to be replicated for more than one individual. 

By using the Site, you grant The Eden Alternative an irrevocable, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works from any and all content that you post, distribute, share or otherwise deliver on or within the Site, including, without limitation, the right to use your name, image, likeness, text, messages, audio and any other information and/or data obtained in connection with your use of the Site. For example, should you participate in a live session as part of a course, your spoken questions and/or public comments during the course may be recorded, copied, transcribed, and distributed by The Eden Alternative and used in perpetuity, and you hereby consent in advance to these uses, as well as to the use of your image should you appear on a course video.

If you select a payment plan option, subsequent payments will be automatically processed to your credit card per the schedule listed on your invoice. Multiple attempts will be made in the event of a failed payment.

It is important to The Eden Alternative that you are able to express yourself and share content that is important to you on the Site. However, you are not permitted to do so in any manner that compromises the safety or well-being of other users, or the integrity of the Eden Alternative community. Therefore, you agree that you will not do any of the following:

a.            Use the Site or any of the Materials in a manner that (i) violates these Terms of Use, (ii) is unlawful, misleading, discriminatory or fraudulent, or (iii) infringes or violates someone else’s rights, including their intellectual property rights.

b.            Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Site.

c.            Access or collect data from the Site or any of the Materials, without our prior permission, or attempt to access data you do not have permission to access.

The Eden Alternative reserves the right at its sole discretion to refuse admittance into any course or program, or to terminate and refund the registration of any individual from any course or program it offers at any time. The Eden Alternative also reserves the right to cancel the registration without refund of any participant who defaults on their tuition payment agreement and to remove individuals from conference calls and course community forums on Facebook or other platforms when deemed necessary to preserve the well-being of the group and its members, faculty, and staff.

The Eden Alternative also maintains the right, but not the obligation, to monitor the content of its course forums, social media pages, and websites, and to remove any material or postings determined by The Eden Alternative to be inappropriate, destructive or otherwise objectionable, including but not limited to posts promoting other businesses or services, discussions not relevant to the specific course content, hostile or inflammatory remarks, and may remove such posts at its sole discretion and without notice.

2. User Warranty

As a User, you represent and warrant that you are not an agent or employee of any other online learning company and that you are using the Site and Materials solely for the purpose of online learning. You further represent and warrant that (i) you are of the age of majority, and (ii) you are not prohibited from receiving any of the Materials or accessing the Site under any applicable laws.

3. Trademark and Copyright

The content made available to you through the Site (including, without limitation, the Materials, images, videos, designs, brands, trademarks, and service marks) are the property of The Eden Alternative, and The Eden Alternative retains all rights to the same. You must obtain The Eden Alternative’s prior written permission to modify, create derivative works of, decompile, or otherwise attempt to extract the content and/or source code from the Site. Any unauthorized use of the content on this Site constitutes a violation of copyright, trademark, and other laws, and a breach of these Terms of Use.

Due to contractual arrangements with faculty members and other important factors, sharing of Materials and access to the Site and Facebook group page with those who have not registered on the Site is strictly prohibited.

4. Hyperlinks

Links to external websites are provided solely as a convenience to you. The Eden Alternative has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access and/or use any of the external websites linked to this Site, you do so entirely at your own risk.

5. No Warranty

THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR AT COMMON LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE EDEN ALTERNATIVE FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS AT THIS SITE. THE EDEN ALTERNATIVE MAY MAKE CHANGES TO THE MATERIALS AT THIS SITE, OR TO THE SERVICES AND PRICES DESCRIBED IN THEM, AT ANY TIME. THE MATERIALS AT THIS SITE MAY BE OUT OF DATE, AND THE EDEN ALTERNATIVE MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE.

6. Release and Limitation of Liability

You hereby agree to release The Eden Alternative, and its members, officers, directors, employees, agents, independent contractors, parents, affiliates, subsidiaries, representatives, successors, assigns, suppliers and other third parties mentioned on the Site (collectively, the “Released Parties”) from any and all liabilities, actions, claims, injuries, losses or damages arising in any manner, in whole or in part, directly or indirectly, from your use, your inability to use, or the consequences and/or results of your use of the Site and/or Materials.

In no event will any of the Released Parties be liable for any damages whatsoever (including, without limitation, consequential, special, punitive, and/or incidental damages, or those resulting from the interruption of services or inaccurate information) arising out of your use, your inability to use, or the consequences and/or results of your use of this Site, any websites linked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

You understand that The Eden Alternative does not control or direct what people and others do or say, and agree that the Released Parties are not responsible for the actions or conduct of others - whether online or offline - or any content they share, including, without limitation, offensive, inappropriate, obscene, unlawful, and other objectionable content. You further understand and agree that the Released Parties are not responsible for any lost, stolen, incorrect or inaccurate information, whether caused by site users, tampering, hacking or otherwise.

The Eden Alternative’s courses and programs are for educational purposes only. The Eden Alternative and its faculty and staff are not liable for possible damage incurred as a direct or indirect consequence of using the contents, advice or interpretation thereof, of any of our courses, programs, web content or email communication, and are not intended to be a substitute for professional clinical or legal advice.

7. Applicable Law and Miscellaneous 

The Terms of Use are governed by the laws of the state of New York, USA. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. The Eden Alternative may assign its rights and duties under the Terms of Use without notice to any party at any time. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. If The Eden Alternative must take legal action against you to enforce these Terms of Use, or if The Eden Alternative must defend against a legal action brought by you, and The Eden Alternative is successful in obtaining a final judgment against you on the merits, then, in addition to any other relief to which The Eden Alternative may be entitled to, The Eden Alternative shall be entitled to recover from you, its reasonable attorney’s fees, court costs and all expenses incurred in that action or proceeding.

8. Payments and Pricing

All pricing is in USD, United States Dollars.   Credit card transactions will automatically convert to USD. 

Our goal is to make sure that you have the best learning experience possible. If Evolve Online Learning isn’t for you, then email us within 10 days of the date of your purchase, and we’ll offer a full refund for your course. Courses that are more than 50% complete are exempt from the refund policy.  Send refund requests to [email protected].

9. Effective Date and Updates

These Terms of Use are effective as of July 1, 2020. The Eden Alternative reserves the right to update and/or change these Terms of Use at any time, in The Eden Alternative’s sole discretion. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

Update 7/9/2020