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HEALTH EVOLUTION Terms of Use

Last Revised:  October 10, 2018

Health Evolution Services, LLC and its affiliates (“HES,” we,” “us,” or “our”) welcomes you to its healthevolution.com website, Health Evolution Connect app, and its other websites, online locations, and mobile applications (collectively, the “Sites”). Use of the Sites is subject to the following HES Terms of Use, together with any document expressly incorporated herein by reference (collectively, the “Terms”), including without limitation the HES Privacy Policy.

THESE TERMS REQUIRE ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL AND CLASS ACTION LAWSUITS (Section 13), AND LIMIT HES’s LIABILITY IN A DISPUTE (Section 11).

  1. Acceptance of Terms of Use

Please read the Terms carefully before using the Sites.  By accessing, using or browsing the Sites, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is effective as if you had signed it.  If at any time you do not agree to these Terms, please do not access, use or browse the Sites or any of their content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES IS SUBJECT TO THESE TERMS, THE PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO THESE TERMS , YOUR PERMISSION TO ACCESS, USE OR BROWSE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. You should check the Terms regularly for updates.  You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page.  Each time you access, use or browse the Sites, you signify your acceptance of the then-current Terms.

HES may make changes to the Sites and its services at any time.  You understand and agree that HES may discontinue or restrict your use of all or any part of the Sites at any time for any reason or no reason with or without notice.

  1. Permitted Users of the Sites

The Sites are directed to persons 18 years of age or older. By using the Sites, you represent that you are 18 years of age or older and capable of entering into a contract, and that you are not prohibited from accessing, using or browsing the Sites or receiving services under the laws of the United States of America (“United States”) or any other applicable jurisdiction.

If you are an administrative assistant or other representative using the Sites or communicating with HES on behalf of another person, you represent that you are authorized to act on behalf of the other person and that your actions and the information you provide are binding on the other person.

If you are an employee or representative of a company, organization or governmental body, you represent that, to the extent applicable, you are authorized to act on behalf of the company, organization or governmental body, and that your actions and the information you provide are binding on the company, organization or governmental body.

  1. Privacy Policy

Please review the Privacy Policy for the Sites, which is incorporated into these Terms.  If you do not agree with the Privacy Policy, you are not authorized to access, use or browse the Sites.

  1. Permitted Uses

The content available through the Sites, including without limitation text, videos, photographs, graphics, designs, logos, icons, images, messages, documents, media, data, charts, software and other information, functionality and materials (the “Content”) is the sole and exclusive property of HES, its licensors, or other Content providers.

The Content is made available for your personal use to share ideas and build relationships in the health field.  You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content.  You may view, download or print a single copy of specific Content on the Sites solely for your personal use to share ideas and build relationships in the health field, but only if you preserve any copyright and other proprietary rights notices that are contained on the Sites.

Any use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. 

Special terms may apply to some services or features offered on the Sites, or to events, promotions, sweepstakes, contests, surveys, questionnaires or other activities (collectively, “Activities”) that may be offered by HES on the Sites or offline.  Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity.  By participating in any Activity you will become subject to those terms or rules.  We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities.  Any special terms or rules are in addition to these Terms and, in the event of a conflict, such special terms or rules shall prevail over these Terms.

  1. RELIABILITY OF INFORMATION

The information presented by HES on or through the Sites and Content is made available solely for general information purposes.  HES does not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk.  HES disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Sites, or by anyone whom you may inform of any of its contents.

  1. Proprietary Rights

You acknowledge and agree that, as between HES and you, all right, title, and interest in and to the Sites and the Content, including without limitation any patents, copyrights, trademarks, brands, designs, look and feel, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by HES, or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.  You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or the Content other than as expressly authorized by HES in writing.

Copyright:  All Content is the copyright and property of HES or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws.

Trademarks:  The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to HES or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors.  Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement, or recommendation of HES by the respective trademark owners, or by HES of the respective trademark owners.  Without limitation, HEALTH EVOLUTION® is a trademark registered in the United States Patent and Trademark Office and owned by HES.

  1. Account Password and Security

Some aspects of the Sites may be used only by those who register an account with HES.  Your registration is subject to our review and approval and we reserve the right not to approve, or to withdraw our approval of, or suspend, your registration for any reason or no reason.  You agree to provide, maintain and update information about yourself so that it is true, accurate, current and complete on an ongoing basis.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.

Registration of an account may require a username and password.  You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all uses of your username or password, whether by you or others.  You agree to (a) log out of your account at the end of each session; (b) keep your username and password confidential and not share them with anyone else; and (c) immediately notify HES of any unauthorized use of your username, password or account, or any other breach of security. HES is authorized to act on instructions received through use of your username and password or account, and is not liable for any loss or damage arising from your failure to comply with this Section.

Registration of an account with HES is a representation of your agreement to adhere to HES’s Code of Conduct, Confidentiality Pledge, and Media Guidelines.

HES has the right to disable any username, password or other identifier, whether chosen by you or provided by HES or its agent, at any time, in HES’s sole discretion.

  1. Modification, Suspension and Termination

HES reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Sites, Content or Activities, or any portion thereof, with or without notice.  You agree that HES will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, Content or Activities.

HES reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that HES shall not be liable to you or any third party for any such suspension, discontinuance or termination.

  1. SECURITY

HES uses reasonable administrative, physical and electronic security measures to protect against possible loss, misuse or alteration of Content or personally identifiable information gathered through the Sites.

No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under HES’s control to intercept or access transmissions or private communications unlawfully. Neither HES nor our service providers can ensure or warrant the security of any information you transmit to us over the internet.  Any such transmission is at your sole risk.

  1. LINKs to EXTERNAL Websites, APPLICATIONS OR RESOURCES

The Sites may contain advertisements, postings and links to external websites, applications or resources operated by other parties.  The Sites provide these advertisements, postings and links as a convenience, and your use of external websites, applications or resources is at your sole risk.  HES has no control over these external websites, applications or resources and is not responsible for their content or privacy practices.  Such advertisements, postings or links or resources to other parties’ products or services do not imply HES’s endorsement of information, material, products or services of any other party or any other website or resource, or any other party’s endorsement of HES.  HES disclaims all liability with regard to your access to and use of information, material, products or services of or transactions with other parties.

  1. DISCLAIMERS

THE SITES, CONTENT, AND ANY PORTION THEREOF ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, ACCURACY OR COMPLETENESS, RELIABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT OR VIRUS-FREE.

WITHOUT LIMITING THE FOREGOING, HES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SITES, CONTENT OR ANY PORTION THEREOF.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, HES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS AND SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM (COLLECTIVELY, “THE HES PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO, OR CONNECTED WITH, ACCESS, USE OR BROWSING OF THE SITES, CONTENT OR REGISTRATION, EVEN IF ANY OF THE HES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations:  Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for certain types of damages, the above limitations may not apply to you.  The limitation of liability set forth in this Section shall be to the maximum extent permitted by applicable law. If it is finally determined by a Court of law that the limitation of liability set forth in this Section does not apply to you, then you agree that HES’s total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00). Any claims arising in connection with the Sites, Content or your registration must be brought within one (1) year of the date of the event giving rise to such action occurred or such claim will be barred.  Your remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

  1. Your INDEMNIFICATION OF HES

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HES PARTIES, AND EACH OF THEM, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), WHETHER INCURRED BY OR MADE AGAINST A HES PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITES OR THEIR CONTENT; (B) YOUR DEALINGS WITH ANY HES PARTY IN CONNECTION WITH THE SITES OR REGISTRATION; (C) ANY INFORMATION OR MATERIALS YOU SUBMIT, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO OR THROUGH THE SITES OR HES; (D) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF HES OR ANY THIRD PARTY; (E) ANY ACTIVITY RELATED TO YOUR ACCOUNT, USERNAME OR PASSWORD; OR (F) INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS ARISING FROM YOUR USE OF ANY DEVICE, SYSTEM OR SERVICE IN CONNECTION WITH THE SITES OR CONTENT.

No remedy herein conferred upon HES is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

  1. ARBITRATION; Governing Law and Disputes

Agreement to Arbitrate: YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND HES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRIVACY POLICY, SITES, CONTENT OR RELATIONSHIP OF THE PARTIES HEREUNDER WILL BE DECIDED ONLY BY ARBITRATION.

Governing Law: The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between you and HES, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.  Any arbitration will be administered by the American Arbitration Association and will take place in the County of San Francisco, California, U.S.A.

Waiver of Certain Types of Actions: You agree that to the fullest extent permitted by law: (a) no claims by you shall be joined with the claims of any other person and you agree not to participate in any claim brought by other persons, whether in arbitration or litigation; (b) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (c) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person; and (d) you have no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general action. To the extent that the foregoing sentence or any portion thereof is found to be unenforceable, and if such a finding allows for your claims to be brought on non-individual, class action, collective action, representative or private attorney general basis, you and HES agree that such claims will not be decided in arbitration and must be litigated in a civil court of competent jurisdiction.

Waiver of Jury Trial: BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU WILL NOT HAVE THE RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRIVACY POLICY, SITES, CONTENT OR RELATIONSHIP OF THE PARTIES HEREUNDER.

  1. GEOGRAPHIC RESTRICTIONS

The Sites are controlled within the United States and directed to individuals residing in the United States.  Access to the Sites or Content may not be legal by certain persons outside the United States or in certain countries.  Those who choose to access the Sites from locations outside the United States do so on their own initiative and risk, and are responsible for compliance with all applicable laws.  HES does not represent that the Sites or Content are accessible or appropriate outside the United States.  HES reserves the right to limit the availability of the Sites for any person, geographic area or jurisdiction at any time in its sole discretion.

  1. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is Health Evolution Services, LLC, 50 Francisco Street, Suite 203, San Francisco, CA 94133, (415) 694-5666.     Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to team@healthevolution.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

  1. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Except as otherwise specifically stated in these Terms, the provisions herein are for the benefit of you and HES and not for any other person or entity.  HES’s failure to act with respect to any failure by you or others to comply with these Terms does not waive HES’s right to act with respect to subsequent or similar failures.  These Terms, the Privacy Policy, the Code of Conduct, the Confidentiality Pledge, and the Media Guidelines set forth the entire understanding and agreement between you and HES with respect to the subject matter hereof.  You may not assign or transfer your rights or obligations under these Terms without the prior written consent of HES, and any assignment or transfer in violation of this provision shall be null and void.  HES reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Sites, including without limitation the right to block access from a particular internet address.

  1. QUESTIONS?

If you have any questions or concerns regarding these Terms, please contact us at team@healthevolution.com.