Acceptance
This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Evolve Med (“Evolve”, “we”, “us”, “our”), the owner and operator of this website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. Evolve may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. We last updated the Agreement on February 5, 2022. Please note that your use of our Website and Evolve services is also subject to our Privacy Policy.
Medical emergency
Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.
General information is not medical advice
The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
No clinician-patient relationship
The presentation of general information on the Website does not establish a clinician-patient relationship between you and Evolve (including any of its physicians, nurse practitioners, or other health care providers) and is not intended as a solicitation of individuals to become patients or clients of Evolve (or any of its physicians, nurse practitioners, or other health care providers).
No endorsements
Unless specifically stated, Evolve does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.
Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While Evolve endeavours to provide information that is correct, accurate, current, and timely, Evolve makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall Evolve, its physicians, nurse practitioners, other health care providers, contractors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Evolve knew of or ought to have known of the possibility of such damages. Evolve also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall Evolve, its physicians, nurse practitioners, other health care providers, contractors, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Evolve knew of or ought to have known of the possibility of such damages.
Indemnity
You agree to indemnify, defend, and hold harmless Evolve and its physicians, nurse practitioners, other health care providers, contractors, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
Use of the Website
Evolve authorizes you to access and use the Website for your personal noncommercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only for residents of Canada.
Copyright
The Content is protected by copyright law and is owned by Evolve and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Evolve.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive licence to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.
Trademarks
Evolve Medical is trademark of Evolve. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of Evolve or third parties. While certain trademarks of third parties may be used by Evolve under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between Evolve and Evolve of the trademark or to imply that Evolve endorses the wares, services, or business of Evolve of the said trademark.
Linking
The Website may contain links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Evolve of any third-party Website or the content thereof. Unless expressly stated, Evolve does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
While Evolve encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Evolve; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. Evolve reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Evolve.
Communication with the public
Evolve does not wish to use this Website as a general means of communication with the public. If you wish to contact Evolve regarding medical questions or issues or with regard to appointments, accounts, or other questions or comments, please do so by emailing office@evolvemedical.co.
Submissions
The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with Evolve and other users and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your physician or other health care providers at Evolve pursuant to the health care clinician-patient relationship. All personal information provided by you including without limitation, name, address, email address or phone number in connection with use of the Website will be treated in accordance with our Privacy Policy.
Evolve does not control the content of any Submissions and has no obligation to monitor the Submissions. Should you complete a Submission on this Website, Evolve does not guarantee that your Submission will be responded to. However, Evolve reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in Evolve’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
Rules of conduct regarding Submissions
When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not: 1. Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of Evolve, imposes an unreasonable or disproportionately large load on the Website infrastructure; 2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation; 3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from Evolve or rights holder; 4. Post or transmit any Submission which contains a virus or other harmful component; 5. Post or transmit “junk mail”, “chain letters,” unsolicited mass mailing, or “spam”; and 6. Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.
Tools
Any tools or calculators that may be provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.
Security
Any information sent or received over the Internet is generally not secure. Evolve cannot guarantee the security or confidentiality of any communication to or from the Website.
Modification to Website
Evolve reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. Evolve shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
The Website is operated by Evolve from its offices within the province of British Columbia, Canada. Evolve regulated health professionals, including physicians, nurse practitioners, and dietitians, are licensed by their respective regulatory colleges to practice in British Columbia. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province or territory of British Columbia and the laws of Canada applicable therein, without
regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of British Columbia with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of British Columbia and of Canada.
Waiver
Any consent by Evolve to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Termination
Evolve may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. Evolve shall not be liable to any party for such termination.
Questions or Comments
For any questions, concerns, suggestions, or comments regarding the Website, please contact us at
office@evolvemedical.co. Please include your name and contact information if you would like us to
respond to you.