Spark the Stage Terms & Conditions

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by The Evolution Collective Inc. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

PROGRAM/SERVICE

The Evolution Collective Inc. (herein referred to as “The Evolution Collective Inc.” or “Company”) agrees to provide Program, “Spark the Stage” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Client:

Four (4) weeks of 90-minute Virtual Workshops. These workshops will include audio, video, templates, worksheets, checklists, and other training and support information. You shall have access to the recordings of the virtual workshops for as long as they exists, however no less than 30 days. In the event that Company intends delete the recordings, it shall provide clients with a 30-day notice and the ability to download the resources, which is what is referred to as “Lifetime Access” in the marketing materials.

Program Participant Slack Channel: The Company shall create and maintain a private Slack Channel for students of the Program (“the Program Slack Channel”). The Program Slack Channel shall be open for a period of at least 5 weeks, beginning one week before the first Virtual Workshop. This is a community-run group, meaning that students are encouraged to help each other.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands Aleya Harris (herein referred to as “Consultant”) and The Evolution Collective Inc., is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.

FEES

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment of $497 (due immediately) for Spark the Stage Basic or a single payment of $797 (due immediately) for Spark the Stage Premier. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

Providing feedback during the program duration is considered part of Your fees and You are required to respond with thoughtful feedback when requested. You consent for your name, image, likeness, feedback, biographical information, testimonial, and company name to be used on social media, websites, and marketing materials in connection with publicizing or promoting the Program.

METHODS OF PAYMENT

You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

REFUND POLICY

All payments and fees are non refundable.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at spark@aleyaharris.com

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

NON-DISPARAGEMENT

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the The Evolution Collective Inc.’s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Burbank, CA.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

CLIENT INFORMED CONSENT

If you sign up for the Spark the Stage Premier tier, you are about to receive NES Health Therapy for your health issues. The therapy, information, and advice which you will be given pertains solely to you and will be based upon information revealed by yourself.

All data will be treated confidentially and stored according to the data protection act. Details of your case will not be revealed without your written permission to do so.

Should you wish to terminate the consultation at any time you are at liberty to do so.

NES Health does not claim to cure, prevent, treat or diagnose any medical condition. NES Health and its claims have not been evaluated by any government agency or regulatory organization. Should you be concerned about a medical condition you seek advice from a qualified medical professional.

WELLNESS AND/OR ENERGY THERAPY WAIVER

You fully understand that the attending practitioners from the Company are not allopathic doctors and do not portray themselves to be, but are wellness consultants and/or Biofeedback practitioners.

You fully understand that the difference between the practice of allopathic medicine, holistic practitioners, and energetic and Biofeedback consultants.

You fully understand that the services provided by the attending practitioner (the Company) is not allopathic, but strictly energetic or Biofeedback in nature.

You fully understand that the attending practitioner (the Company) performs their services within the parameters of natural health care and wellness using Biofeedback and stress reduction or other energy therapies.

You fully understand that the attending practitioner (the Company) does not offer allopathic drugs, surgery, chemical stimulants, radiation therapy or any other conventional treatments. In addition, he/she does not diagnose, treat or otherwise prescribe for my disease, conditions or illness.

You fully understand that your energy and stress parameters are being measured.

You presently seek counsel, advice, opinions related to energetic balancing, stress management, marketing consulting, or Biofeedback within the scope of attending practitioner’s (the Company) wellness and stress reduction practice. You are fully aware and release the energy practitioner (the Company) to do Biofeedback and/or energy assessments.

You fully understand that the services provided by the attending practitioner (the Company) are in the emerging field of energetic medicine, and may not be understood by all allopathic practitioners.

You fully understand that if you are currently under the supervision of an allopathic doctor and are taking immunosuppressants, have a pacemaker, or are suffering a severe mental disorder you will advise the Company immediately and NOT use Infoceuticals or the NES MiHealth device.

BIOENERGETIC DISCLAIMER

You understand that the services the Company provides represent a non-medical approach to wellness. By engaging our services, you understand that we may provide guidance on diet, lifestyle, and/or supplementation; that these are not medical services; and that this is not an emergency or mental counseling service. You understand that neither Aleya Harris nor any representatives of The Evolution Collective Inc. are licensed physicians and that we are only acting as a consultant and facilitator. You take full responsibility for any health protocol you choose to pursue, including the extent to which you do or do not follow such protocols, and agree to hold you harmless in regards to our (or those we represent) health experiences.

You understand that we make NO ATTEMPT to diagnose, prescribe, prevent, or treat any medical disease, but only to provide support for the body to improve and maintain itself. You also understand that consultations are based in part on the information you provide about yourself, and therefore certify that all information provided about your health conditions and lifestyle (or about those you represent) are accurate to the best of your knowledge.

You acknowledge that we are hereby encouraging you to visit your physician for medical emergencies; acute viral, bacterial, or other physical/biochemical diseases; and any other condition that requires medical attention.

Finally, you confirm that you are at least 18 years of age, or are the parent or legal guardian of the client receiving our services and are answering this form on his or her behalf. You are fully competent to make your own health care decisions or to make such decisions on behalf of the client for whom you are agreeing.

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 5 day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact spark@aleyaharris.com.

Last updated: October 16, 2023