Time-honored strength and physical training techniques focused upon heroes and other mythological figures, certain to transform you in ways you never thought possible.

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Please read these terms of use ("Terms") carefully before using the HeroicEvolution.com website ("Site").  Using this site or purchasing a training course indicates that you have read, understand and accept these terms.  If you do not accept these terms, you are not authorized to use this site or make a purchase.  These terms govern your use of the site, any content (such as text, data, information, graphics, video, photographs, training courses, etc) that Heroic Evolution, LLC. (the "Company") may make available to you (Collectively, "Materials") and any services that the Company may provide to you (Collectively, "Services").  This site, materials and services are referred to in these terms collectively as "Heroic Evolution".  The following terms govern the entire relationship between you (the "Client") and the Company.

Disclaimers. Heroic Evolution is provided "as is" and "with all faults".  The Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to Heroic Evolution (including, but not limited to, any implied or statutory warranties or merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights).  Without limiting the generality of the foregoing, the Company makes no warranty that Heroic Evolution will meet Client requirements, that access the Site will be uninterrupted, timely, or error free or that defects in Heroic Evolution will be corrected.  The Company makes no warranty as to the results that may be obtained from the use of Heroic Evolution.  No advise or information, regardless of the form, obtained by Client through Heroic Evolution or from the Company shall create any warranty.  The Company disclaims all equitable indemnities.

Release of Liability. In consideration for the Company making Heroic Evolution available to Client, Client hereby releases and discharges, for Client, Client’s heirs, legal representatives and assigns, the Company, its founders, directors, officers, administrators, agents, trainers, employees, representatives and successors from any and all responsibilities of liability for injuries, illness, loss or damages and any claim or cause of action resulting directly or indirectly from Client’s participation in or use of Heroic Evolution, including, but not limited to, Client’s performance of the fitness tasks and activities detailed by Heroic Evolution. Client agrees that this release includes any claims for negligence made by Client against the Company.

Modifications to Heroic Evolution.  The Company reserves the right to modify, suspend or discontinue Heroic Evolution at any time without notice to Client. For example, the Company may make changes to the Materials and/or Services at any time without notice. The Materials and Services may be out of date and the Company makes no commitment to update the Materials and Services whatsoever.

Government Restricted Rights. It is expressly forbidden for any agent, executor, officer, detective, chief, judge, justice of the peace, mayor, senator, congressmen, legislator, governor, president, lawyer, or other official (each a “Government Agent”) affiliated (either now or in the past) with any government, lawmaking, law-enforcement, police or military body (collectively, “Government Body”) to access, view or transmit, in whole or in part, any portion of Heroic Evolution. Additionally, the Company gives no permission to any individual affiliated or associated with one or more Government Agents and/or a Government Body to access, view or transmit, in whole or any part, any portion of Heroic Evolution.

Intellectual Property Rights. The Company makes every attempt to avoid violating the intellectual property rights of others.  If you believe any part of Heroic Evolution violates your copyright please contact the Company directly by clicking Contact Us.  Please include the exact location (and web address if applicable) of any violating content and specific documentation as to what content may be violating your copyright.  We will make all attempts to remove any such content from Heroic Evolution as soon as possible after notification is received.

Indemnification. Client agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Client's violation of or disagreement with these Terms. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client and, in such case Client agrees to cooperate with the Company's defense of such claim.

Client Acknowledgment. Client understands that there exists the possibility of adverse changes occurring during exercise including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and instances of heart attack, stroke, or even death. Client further understands that there exists the risk of bodily injury including, but not limited to, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee, lower back and foot injuries, and other injuries to the muscles, ligaments, tendons, bones and joints of the body. Client fully understands that there may be other risks associated with the use of the Company's training courses that are not specifically set forth above. By purchasing a training course from the Company, Client acknowledges that he/she has knowledge of the risks of participating in the training course and that it is still Client’s desire to participate in the training course.

Customs, Duties and Taxes. By placing an order and selecting a delivery address outside the United States, Client agrees to be responsible for assuring that their order can be lawfully imported into the destination country. When ordering from HeroicEvolution.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; the Company has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delivery delays beyond our estimates or even cause your order not to arrive. 

International Orders. By placing an order and selecting a delivery address outside the United States, Client acknowledges that there is risk inherent in international shipments that does not apply to domestic shipments.  These risks include but are not limited to unforeseen delays, orders being seized by customs, or orders not arriving at all.  Client agrees to personally bear all risk for the delivery of international orders, and agrees to hold the Company harmless for any costs or damages that may be incurred once the order leaves the Company's possession. Delivery can only be guaranteed if Client adds an additional 70 USD to their order price to upgrade to the trackable, Express Mail International service.  This can be done by sending a seperate payment via paypal to sales at heroicevolution dot com and including a note to upgrade in the special instructions section of the initial order. Priority Mail International orders cannot be tracked once they leave the United States, and the Company has no ability to ensure they are successfully delivered.

Messageboards. After an order is delivered Clients are provided access to the Members-Only Messageboards. While the Company does not pre-screen messageboard content, the Company does reserve the right to edit or remove submitted messages or material at any time. The Company is not responsible for the content of messages submitted by Clients. If, in the Company's sole discretion, a Client is abusing the messageboards or other Site members (such as engaging in harassment or spam), the Company retains the right to terminate that Client's access to the messageboards without recourse or refund. Clients posting messages to the Site automatically grant the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, copy and distribute such messages throughout the world in any media.

Testimonials.  By sharing comments or feedback about any aspect of Heroic Evolution, either through the messageboards, comments, or in another public forum, you authorize the Company to share your comments and/or feedback with the public and potential customers in the form of testimonials.  If you do not wish for your comments and/or feedback to be used as testimonials, please include a statement to that effect along with your comments and/or feedback.  If you wish to submit a testimonial for publication, you can do so directly by sending an email to sales at heroicevolution dot com.

Copyright. By placing an order Client agrees not to copy, share, distribute, transfer, transmit, or publicly exhibit any aspect or portion of Heroic Evolution (including, without limitation, all materials received as part of any order) without the prior written agreement of the Company. Heroic Evolution remains the sole property of the Company and no license or other rights are granted hereby.

Client Protection. By using the Site in any way Client agrees the terms of our Privacy Policy.  By placing an order Client accepts and agrees to the terms of our current Return Policy and Shipping Policy, as they appear on their specific webpages.  These three policies are incorporated within, and are part of these Terms.

General. These Terms constitute the entire and exclusive and final statement of the agreement between Client and the Company with respect to the subject matter hereof, superseding any prior agreements or negotiations between Client and the Company with respect to such subject matter. These Terms and the relationship between Client and the Company shall be governed by binding arbitration performed by a competent arbitration agency of the Company's sole and exclusive choice.  Client waives the right to enforce any provision of these Terms or dispute the findings of any arbitration agency in any government court of any jurisdiction, as well as by any other private arbitration agency. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by arbitration to be invalid, Client nevertheless agrees that the arbitors should endeavor to give effect to the intentions of the Company and Client as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Client's use of Heroic Evolution. These Terms will be interpreted without application of any strict construction in favor of or against Client or the Company. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by Client, but may be assigned by the Company without restriction.

Modifications to these Terms. The Company may, in its sole and absolute discretion, change these Terms from time to time. If Client objects to any such changes, the Client's sole recourse shall be to cease using Heroic Evolution. Continued use of Heroic Evolution beyond thirty-days of these changes taking effect shall indicate Client's acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Revised May 2012