Effective Date: November 7, 2019
Welcome to our website and/or to the Health Conscious by Evolve mobile application which are provided by Evolve Personal Health. These terms, conditions, and notices (“Terms”) govern your access to, and use of, the Health Conscious website, our content and the Health Conscious by Evolve mobile application (collectively the “Site”) and the services and content that may be provided to you on a subscription basis. By accessing or using this Site in any manner, you agree to be bound by these Terms for access to and use of the Site. This Agreement may be modified at any time by Evolve Personal Health upon posting of the modified Terms which will take effect immediately. You can view the most recent version of these Terms at any time at http://www.healthco.app/terms-of-use-1. Each time you use the Site, you are deemed to agree to these Terms. Please read these Terms carefully. If you do not agree to these Terms, you should not use this Site.
The terms “Evolve Personal Health,” “Health Conscious by Evolve”, “Health Conscious”, “we”, “us” or “our” refers to Evolve Personal Health, Inc. We are located at 4221 W. El Prado Blvd., Tampa, FL 33629. We can be contacted at (813) 898-8378. The term “you” refers to the person visiting this Site or subscribing to the content services. If you are using this Site on behalf of a business you represent to us that your business also accepts these Terms, and the term “you” also refers to that business.
If you subscribe to our courses, you will be required to accept these Terms and are entering into a legally binding agreement with us. The subscription terms can be found on the Site and are generally stated below.
Evolve Personal Health is not Providing Medical Advice
The information on the Site is made available to you solely for information purposes. We are not giving you medical advice and the information on the site is not intended to diagnose or treat any illness. You should talk to your healthcare provider about how information on the Site applies to your health conditions. The mention of specific products or services at the Site is not a recommendation or endorsement by us. The views and opinions expressed in content, articles or comments on the Site by us or users of our Site are those of the speakers or authors and do not necessarily reflect our views and opinions.
Use of the Site and Site Ownership
This Site provides information about our company and its services. As a condition of your use of this Site, you warrant that you are 18 years of age or older. You agree to comply with all applicable laws regarding your use of the Site. This Site is not intended for children or any person under the age of 18. We do not knowingly collect the information of anyone under the age of 18.
We provide a forum for users of the Site to allow users to ask and answer questions by our member community. You agree to respect the community guidelines and to only post materials and content that you own and are not subject to the rights of any third party, are not abusive, obscene, pornographic, defamatory or otherwise inappropriate. Additionally, you agree not to:
a. use this Site or its contents for any commercial purpose;
b. access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
c. "frame", "mirror", or otherwise incorporate any part of this Site into any other website or mobile application; or
d. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with this Site or the content we provide.
When you are using the service and the community forum, you will be given the opportunity to express your opinion about the content posted by others. If you believe that any posts are inappropriate, please contact us by reporting the post. All opinions or views of users are the views of the users, and are not the opinions or views of Evolve Personal Health. We may choose to share this content to describe how the forum is used by the community members or for other purposes.
We retain the right to deny access to anyone to this Site and the content we offer, at any time and for any reason.
Subscriptions Available to Users
Through our app, Health Conscious, we offer 24-lesson long courses (for High Blood Pressure, Diabetes, and General Health Improvement) to teach healthy lifestyle habits. The programs are designed to be completed in 6 months. However, as they are self-paced, users have an unlimited amount of time for completion. There is also a Q&A forum for users to ask and answer questions posted on the forum by the community.
We have three plans from which you may choose, which are Community, Action, and Maintenance.
b. Our second plan is called Action and is offered to you on a subscription basis. The current subscription price is $19.99/month. This plan offers unlimited access to the forum and participation in the course you have chosen.
c. The third plan is called Maintenance and is offered at a subscription price of $1.99/month. This plan is only available after you have enrolled in and completed the Action plan and offers continued access to the videos for the course you have completed and for the community.
When you complete the Action plan, you will be automatically enrolled into the Maintenance plan after completion of a course. You can cancel your subscription at any time by logging into the Site, accessing your profile, and processing your cancellation on our Site. You will continue to have access until the end of the current paid month.
Use of Third Party Services
We will use the services of third parties to process your payments for subscriptions. You can access and download the Health Conscious by Evolve mobile application for IOS or Android at the AppStore or GooglePlay. Your use of these third party services may be subject to additional terms and conditions and you should review those terms carefully.
Ownership of the Site and the Services and Content
All content included on this Site is our property and is protected under copyright, trademark and other laws that protect proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content or information obtained from or through this Site.
Copyright and Trademark Notices
All contents of this Site are: © Copyright 2019 Evolve Personal Health. All Rights Reserved. Evolve Personal Health, its logo, and all other service names, logos, or slogans displayed on this Site are registered and/or common law trademarks of Evolve Personal Health or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Evolve Personal Health or the applicable trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned in or on this Site are the property of their respective owners. Any rights not expressly granted herein are reserved.
If you are aware of an infringement of either your brand or our brand, please let us know by following our Copyright Complaint Policy and by emailing us at firstname.lastname@example.org.
Copyrights and Copyright Agent
You represent to Evolve Personal Health that any material that you provide, upload, or post to the Site is your information and does not infringe the rights of third parties. If information you post is claimed by a third party to be infringing, we are required to remove the information or data from the Site. We reserve the right to remove any content. We may disable and/or terminate the accounts of users who are repeat infringers.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at email@example.com.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
REPEAT INFRINGERS - It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Warranty and Liability Disclaimer
THIS SITE AND THE INFORMATION ON THIS SITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. EVOLVE PERSONAL HEALTH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY EVOLVE PERSONAL HEALTH. EVOLVE PERSONAL HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR THAT THIS SITE, ITS SERVERS, OR ANY EMAIL SENT FROM EVOLVE PERSONAL HEALTH, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Damages
IN NO EVENT SHALL EVOLVE PERSONAL HEALTH (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT AND/OR SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EVOLVE PERSONAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation on Liability
IN NO EVENT SHALL EVOLVE PERSONAL HEALTH (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE TO ANY PARTY IN EXCESS OF THE AMOUNT PAID FOR ACCESS TO THIS SITE DURING THE THREE MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM.
Agreed Allocation of Risk
The limitations on warranty, damages, and liability reflect the allocation of risk between the parties. The limitations specified in these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
You agree to defend and indemnify Evolve Personal Health and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees brought by third-parties as a result of:
a. your breach of these Terms;
b. your violation of any law or the rights of a third-party; or
c. your use of this Site.
These Terms are governed by the laws of the State of Florida. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Florida and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that no joint venture, agency, partnership, or employment relationship exists between you and Evolve Personal Health and/or its affiliates as a result of these Terms or use of this Site.
Our performance under these Terms is subject to existing laws and legal process. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
These Terms (and any other terms, policies, guidelines, or agreements referenced herein) constitute the entire agreement between you and Evolve Personal Health with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Evolve Personal Health with respect to this Site.
[End of Terms. Last Updated November 7, 2019]
In consideration of the health and wellness education (“Program”) provided to you by Evolve Personal Health, Health Conscious, its successors and assigns (hereinafter collectively referred to as “Evolve”, you on your own behalf and on behalf of your heirs, successors, assigns, parents, next-of-kin, personal representatives and estate (hereinafter collectively referred to as “your heirs”), agree as follows:
1. Risks. You desire to receive services to help better manage your chronic medical condition (hereinafter “the Program”) provided by Evolve, commencing on the date indicated below. You understand that Evolve does not diagnose, prevent or treat illness, disease or any other physical or mental condition you may have. While Evolve takes great care in the provision of the Program, Evolve cannot guarantee any outcomes. The information provided in the Program is for educational and informational purpose use only, and does not constitute the rendering of medical advice or treatment by Evolve. You understand that you do not have a physician-patient relationship with Evolve or any of its employees or principals. You have been encouraged to consult with your physician or a qualified health care practitioner for diagnosis and treatment before, during and after participation in the Program.
2. Assumption of Risk. You are participating in the Program by your own choice. You agree to act with great care for your safety and well-being, and that of all other people around you during the Program. You understand that you have the right to decline to participate in any portion of the Program. You are participating voluntarily in the Program at your own risk, and you expressly accept full responsibility for all of the risks, known or unknown.
3. Release. In consideration of being able to participate in the Program, you and your heirs release and discharge Evolve from all present and future liability to you or to your heirs for any claim, demands or causes of action arising from, or relating to my participation in the Program, including, without limitation, all claims for physical or mental injury, death, disability, any property damage, including any claims alleging negligence or negligent acts or omissions.
4. Certification of Health, Physical Condition and Safety Rules. You certify that you have no medical, physical, mental or emotional conditions that you know, or reasonably suspect, could interfere with your ability to participate in the Program. If you have any such condition, you assume and bear all risks and costs of any injury or damage that may result from participation in the Program. You have or will consult with your treating physician during the course of receiving Program. You also acknowledge that you have been instructed in the basic principles for safe participating in the Program prior to such participation, and that all of your questions have been answered in a satisfactory manner. You are not under the influence of any drugs or alcohol, or any other substance that would impair your health, balance or judgment and will not participate in any the Program activities if that is ever the case, nor if you feel that you are not physically, mentally, or emotionally fit to participate at any time during the Program.
5. Nature of Release/Severability. This release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Florida. If any portion of this agreement is held invalid, the remaining provisions shall still continue in full force and effect.
6. Venue and Waiver of Jury Trial. You agree that any legal proceedings you institute against Evolve must be brought only in Hillsborough County, Florida, and that the law of Florida will govern any such proceedings. Furthermore, you knowingly, intentionally, voluntarily, and irrevocably WAIVE THE RIGHT TO A TRIAL BY JURY for any action relating to this agreement or to your participation in the Program. This waiver is a material inducement for entering into this agreement.
7. Agreement Controlling. This agreement contains the entire agreement between Evolve and you, and supersedes any and all other agreements or representations, written or oral.
YOU UNDERSTAND THAT BY AGREEING TO THIS RELEASE AND WAIVER OF LIABILITY, YOU ARE GIVING UP CERTAIN VALUABLE LEGAL RIGHTS AGAINST EVOLVE. You have fully read this document and understand the legal consequences of this document, including your waiver of a right to a jury trial. You acknowledge that you have had an opportunity to ask questions regarding this Release and Waiver, and that you have the ability to refuse to participate in the Program without financial penalty if you do not agree to the conditions of this Release and Waiver.
Effective Date: November 7, 2019
Our Site provides information to you about our products and Sites. When you visit our Site, Information will be automatically collected using cookies and similar technologies. We may ask your consent when required.
What You Should Know Before Using the Health Conscious Site
Before using and sharing Information through our Site, you should understand the following.
• Most users visit our Site because they are interested in the services we provide.
• If you are in the European Economic Area, UK, or Switzerland, please take notice that our Site is not currently being intentionally offered to users in those areas. Any of your information that we collect will be transferred to Evolve Personal Health in the United States.
• If you have questions you can always contact us at firstname.lastname@example.org.
Information that we collect and process may include protected health information or PHI. We intend to fully comply with the Health Insurance Portability and Accountability Act of 1996, as amended, (“HIPAA”) and its implementing regulations, including its final privacy regulation, at 45 C.F.R. Parts 160 and 164 (known as the “Privacy Rule”), as administered by the federal Department of Health and Human Sites. HIPAA places certain restrictions on the use and disclosure of PHI.
Sources and Types of Personal Data We Collect from You
We receive and store any Information you enter on our Site or give us in any other way. We also collect certain Information automatically when you use or visit our Site. If you choose not to provide this Information to us, you should not visit or use our Site.
Information we collect from visitors of our Site includes Information that will be collected automatically using cookies and similar technologies. Cookies collect different aspects of information, including personally identifiable information. This kind of Information may include your IP address, browser type, domain names, access times and session information, product usage data, tracking data and other information about your visit to our Site.
When you are a User of our Site, we collect Information to allow you to better use the features and functions of our Site. We may collect your name, home or work address or telephone number and your email address. We may also collect other demographic or personal information about you, including your birth month and year.
When you subscribe to our services, payment will be made through a third party processor. You will be asked to provide your payment card information to third party, but we will not keep that information.
Any information that you submit in our community forum will be posted to the Community forum portion of the Site.
How We Use Your Information
Evolve Personal Health uses the Information to help operate the Site and deliver information to you. We may use personally identifiable Information we obtain from or collect about you to communicate with you and to connect you with resources.
· to facilitate your access to and use of our Site;
· to communicate with you through email and through the Health Conscious by Evolve mobile application, and to respond to your questions and comments;
· to enable us to deliver information to you;
· to troubleshoot problems;
· to prevent prohibited or illegal activities;
· to share your information with the providers of services or products when you request additional information;
· to use the information for testimonials on the Site;
· to comply with a legal obligation such as court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law;
· to respond as required for a corporate transaction, such as a divestiture, investment, merger, consolidation, or asset sale, or other significant matter.
How We Share Your Information
We may share your Information for processing and storage with third parties that have agreements in place with us to protect the confidentiality and security of information that we transfer to them. This may include our development partners and third parties where the services are hosted.
If you elect to receive information from Evolve Health or third parties, we will use and share your information consistent with your request. You can change your consent in the Setting section of the Site.
How You Can Inspect and Correct Your Health Information
You have the right to inspect and access your information through your account and your account profile pages. You will have the ability to edit your personal information in your account. Information that you submit in the Site or the Evolve receive a copy of PHI that you have provided to us. If you feel that PHI we have about you is incorrect or incomplete, you may also request that we amend the information that you have provided to us to make it accurate and complete.
Information about International Transfers
Your European Privacy Rights
While we do not provide market the Site to those who reside in the Europe Economic Area (the “European Union” or “EU”), we will provide accommodations for the exercise of your rights provided under data protection laws of the EU, including the General Data Protection Regulation (the “GDPR”). By visiting our Site or using the Health Conscious by Evolve mobile application, you are consenting to the transfer of your information from your jurisdiction to the United States.
If you are entitled to privacy rights under the GDPR, you are entitled to:
Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or concerns you can contact us any time.
Right of access, objection, restriction of processing, erasure, and portability. You also have the right to withdraw your consent at any time when we process your personal data based on your consent. To exercise these rights, please contact us.
Right to opt-out to direct marketing. While we currently do not do such marketing, you have the right to opt-out at any time to receiving marketing materials from us by following the opt-out instructions in our commercial emails, by contacting us, or by adjusting your preferences on the Site. Please note that we reserve the right to send you other communications, including Site announcements and administrative messages relating to your Evolve Personal Health account, without offering you the opportunity to opt out of receiving them.
Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Data Protection law, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.
Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email email@example.com.
Do Not Track Technologies
Retention Periods and Deletion
How We Protect Your Personal and Health Information
We want you to feel confident about using our Site, and we are committed to protecting the personally identifiable information and PHI we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personally identifiable information and PHI you provide to us. For example, only authorized employees are permitted to access personally identifiable information and PHI of users and they only may do so for permitted business functions. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized personnel have access to personally identifiable information and PHI that you have provided to us. In addition, we use encryption when transmitting your personally identifiable information and PHI between your system and ours, and we, together with our partners, employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your personally identifiable information and PHI. You should bear in mind that submission of Information over the Internet is never entirely secure. We cannot guarantee the security of Information you submit via our Site while it is in transit over the Internet, and any such submission is at your own risk.
The Site is not a general audience Site; we do not offer subscriptions or services to individuals under 18 years of age. No one under the age of 18 may provide any Information to or on the Site. We do not knowingly collect personally identifiable information or PHI from individuals under 18. If you are under 18, do not use or provide any Information on this Site or on or through any of its features, do not register on this Site, use any of the features of this Site, or provide any Information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should an individual whom we know to be under the age of 18 send personally identifiable information or PHI to us, we will delete or destroy it as soon as reasonably possible. If you believe we might have personally identifiable information or PHI, contact us.
How You Can Contact Us
Evolve Personal Health, Inc.
4221 W. El Prado Blvd.
Tampa, FL 33629
If you want to communicate with us about this policy, please email firstname.lastname@example.org. Please provide your identification and contact details, including your email address used to register with this Site, and a complete explanation of your concern.
[Last Updated on November 7, 2019]