TERMS OF USE and SUBSCRIPTION AGREEMENT

 

Effective Date: March 5, 2020

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.

If you do not agree to the terms in these Terms or our Privacy Policy, please do not use this Site or the Health Conscious by Evolve mobile application.

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.

a. Community is a free plan. This plan offers access to the community forum but does not provide access to any of our courses.  To enroll in this plan, you will be required to complete your registration for the Site and accept these Terms, including our Privacy Policy.

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.

Privacy Policy

Evolve Personal Health believes in protecting your privacy. Please click here to review our current Privacy Policy (http://www.healthco.app/terms-of-use-1), which also governs your use of this Site, to understand our practices.  

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 support@evolveph.com

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 support@evolveph.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.  

Indemnification

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.

General

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.