These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by E-Volve Company, Inc., dba Evolve Telemed and Evolve Telemedicine (“the Company”), and its affiliates and subsidiaries, including but not limited to www.evolvetelemed.com (“Site”). Your compliance with these Terms of Use is a condition of your use of the Site. If you do not agree to be bound by the Terms of Use, please promptly exit this Site.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
1. INFORMATION ABOUT HRT (HORMONE REPLACEMENT THERAPY) AND PEPTIDE THERAPIES IS NOT MEDICAL ADVICE
Without limitations, the information provided on our Site regarding hormone replacement therapy and peptide therapies including text, audio, video, photographs, illustrations, graphics, and any other visuals is for general knowledge and informational purposes only and does not constitute medical advice. The provision of hormone replacement therapy services is subject to the following:
2. INDEPENDENT PROVIDERS
The Company does not provide any physician or other provider services. All providers are independent providers and not employed by the Company and are solely responsible to provide telemedicine consultations, review lab results, and prescribe hormone and peptide treatments in collaboration with the Company’s care coordination team and you. Neither Company, nor any of its subsidiaries or affiliates, shall be liable for any professional advice obtained from an independent healthcare provider. As a patient, you acknowledge that your reliance on any healthcare provider or information provided by the providers is solely at your own risk, and you assume full responsibility for all associated risks.
Additionally, the Company does not make any representations or warranties about the training or skill of any healthcare providers who provide services on behalf of the Company. You will be provided with a list of available providers located in the United States based solely on the information you provide to the Company.
3. CONSENT TO TREATMENT
As a patient, you have the right to be informed about your diagnosis and treatment plan including but not limited to any laboratory or therapeutic treatments or tests. This is to help you make an informed decision on whether or not to undergo any recommended treatments or procedures after being informed of the associated risks and benefits.
This consent gives our provider network and its healthcare providers (“Providers”) your permission to perform reasonable and necessary examinations, laboratory testing and treatment and will remain in effect until you revoke it in writing. You have the right at any time to discontinue any services obtained through the Company and its independent providers.
Therefore, you consent and/or acknowledge the following:
You authorize the Company and Providers to share information pertaining to health care services you receive with other individuals for treatment, payment and health care operations purposes where applicable, including to its affiliates. By scheduling a visit using our Health Insurance Portability and Accountability Act (“HIPAA”) compliant forms or signing this Agreement, you acknowledge that this statement is your informed consent for treatment, and that you have read and understand this consent, and voluntarily request a provider to perform reasonable and necessary examination, testing and treatment for you.
4. ELECTRONIC COMMUNICATIONS
When you use any Company service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Message and data rates may apply from your carrier for any messages from you to us and vice versa. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
5. WEB AND MOBILE PRIVACY POLICY
The Company is committed to protecting your privacy. Our Web and Mobile Privacy Policy explains how we collect, use, and disclose your personal health information. We understand the sensitive nature of hormone replacement therapy and take your privacy seriously. The Web and Mobile Privacy Policy is incorporated into these Terms of Use. Our HIPAA Notice of Privacy Practices describes how we use and disclose your PHI in compliance with HIPAA and is incorporated into these Terms of Use.
(Please also consult our Web and Mobile Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.)
6. INFORMATION WE COLLECT AND HOW WE USE IT
We collect several types of information from patients, including:
7. WE USE THE INFORMATION WE COLLECT TO:
8. TO WHOM DO WE DISCLOSE YOUR HEALTH INFORMATION?
We may disclose your health information to the following parties:
9. RIGHTS UNDER HIPAA
The Health Insurance Portability and Accountability Act (“HIPAA”) provides you with certain rights regarding your Protected Health Information (“PHI”). These rights include:
For more information about your rights under HIPAA, please refer to our HIPAA Notice of Privacy Practices, which is incorporated into these Terms of Use.
10. SECURITY MEASURES
The Company takes reasonable measures to protect your personal information from unauthorized access, use, or disclosure. These measures include technical, administrative, and physical safeguards, including encryption, firewalls, and secure data storage. We regularly review and update our security measures to ensure they are effective.
11. SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
If you create an account for the Company patient portal, you agree to complete the registration process by providing current, complete, and accurate information as required by the Company. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.
You are prohibited from using the site in any manner inconsistent with these Terms and Conditions. This includes, but is not limited to 1) attempting to access data not intended for the user or accessing other servers or systems without appropriate authorization, 2) Testing, scanning, or probing any potential vulnerabilities in the network or systems with proper authorization, 3) using or accessing the site in any way that violates these Terms and Conditions or any other applicable law, or 4) using the site as a minor (under 18 years old) without a parent or guardian involved.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
12. LICENSE & ACCESS
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Evolve or its licensors, suppliers, publishers, rights holders, or other content providers. No Evolve service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise utilized for any commercial purpose without express written permission of the Company. This includes, but is not limited to “hidden text”, trademarks, logos, and proprietary information. All contents of the Site, including but not limited to files, documents, text, graphics, photographs, images, audio, video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without written permission from Evolve.
13. ACCURACY AND INTEGRITY OF INFORMATION
Although Evolve attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. In the event that an inaccuracy arises due to typographical errors, unauthorized content changes, etc. please notify the Company as soon as possible so that it can be corrected. In addition, the Company reserves the right to add, delete, change, update, or modify information on the Site without notice.
14. LINKS TO OTHER SITES
Our Site may contain links to third-party websites. We are not responsible for the privacy practices or the content of those websites. We encourage you to review the privacy policies of any third-party websites you visit. The Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Evolve site, the Company has no control over the content and makes no claims of endorsement or acceptance for it.
15. USER INFORMATION
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Evolve and its providers that you have the legal right and authorization to provide all user Information to Evolve and its Providers for use as set forth herein and required by Evolve and the Provider.
16. HOW TO CORRECT OR UPDATE INFORMATION
You can correct or update your personal information by logging into your account on our Site or by contacting us directly. We strive to keep your information accurate and as up to date as possible.
17. OWNERSHIP OF SITE AND RELATED MATERIALS
All pages within this Site and any material made available for download are the property of Evolve Telemedicine, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
18. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your copyrighted work has been infringed on our Site, please notify us in writing with the following information:
Our designated agent for notice of copyright infringement is:
Evolve Telemedicine
3313 Woodward Ave #1394
Bloomfield Hills, MI 48302
(801) 407-4117
19. DISCLAIMER OF WARRANTIES
Our Site and services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Site will be uninterrupted or error-free.
20. DISPUTE RESOLUTION.
Any dispute arising out of or relating to these Terms of Use shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Insert Location], and the language of the arbitration shall be English.
21. FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
22. INDEMNITY
You agree to indemnify and hold harmless Evolve Telemedicine, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of our Site or services or your breach of these Terms of Use.
23. CHANGES TO THIS NOTICE
We may change these Terms of Use from time to time. We will post any updated Terms of Use on our website, and the changes will be effective when posted. Your continued use of our services after the effective date of the updated Terms of Use constitutes your acceptance of the changes.
24. COMPLAINTS
If you have any complaints, questions, concerns, or requests regarding these Terms of Use or our services, please contact us using the contact information provided below.
Evolve Telemedicine
3313 Woodward Ave #1394
Bloomfield Hills, MI 48302
(800) 407-4117
25.WEBSITE AND MOBILE PRIVACY POLICY
Our Website and Mobile Privacy Policy provides additional information about how we collect, use, and disclose information collected through our Site. This policy is incorporated into these Terms of Use.
Medication Sales:
Because all medications are compounded specifically for you, all medications are non-refundable and non returnable.
Labs/Blood Work:
We contract with a national laboratory, LabCorp, to perform all lab work on the Company’s behalf, which means you receive competitive pricing. Before having your labs drawn at your local LabCorp location, you must print your lab order from Evolve and present it when you arrive at LabCorp. You can download your lab order from your patient portal at: https://my.evolvetelemed.com/. This will ensure that you are not charged for lab services when you arrive. If LabCorp attempts to collect any form of payment from you when you present your lab order, do not pay for services. Contact Evolve directly at 1-800-407-4117.
Not every state has LabCorp locations (https://locations.labcorp.com/), or a location within your proximity. In the event that your state does not have a LabCorp location or one within your proximity, you should consult your primary care physician to obtain our recommended labs.
If you reside in New York, New Jersey, Connecticut or Rhode Island, you will need to order and pay for lab work directly through LabCorp at:
https://www.ondemand.labcorp.com/evolve-partnership-womens
https://www.ondemand.labcorp.com/evolve-partnership-mens)
After you receive your lab work results directly from LabCorp, you can upload them to your patient portal at: https://my.evolvetelemed.com/ and our patient care team will contact you to schedule an appointment with your provider.
Compounding Pharmacies:
The Company is not a compounding pharmacy, and does not own or have an ownership interest in a compounding pharmacy. Evolve partners with FDA-inspected compounding pharmacies to compound all treatments, including hormones and peptides. Compounding pharmacies compound medications specific to your needs as directed by your Evolve provider’s prescription.
Receipt of Order:
Please verify your entire order on receipt. If your order is missing treatments, or treatments are damaged from shipping, please contact the Company within forty-eight (48) hours at either 1-800- 407-4117 or [email protected], or by contacting your care coordinator directly. Our pharmacies have quality assurance processes to ensure prescribed treatments are delivered in the prescribed quantities. Mistakes rarely happen, but when they do, we can usually have them corrected when notified immediately on receipt. You must take pictures of your order to show what was received or any damage from shipping. The pharmacy will not process a replacement without these images. Any notifications beyond 48 hours will be at the discretion of the Company and the pharmacy.
Best Used by Dates:
All sales of medications are final. The US Food and Drug Administration requires pharmacies to place expiration dates on the medication labels. Compounded medications may recommend that you dispose of your medication after twenty-eight (28) days. Because we provide patients with up to 140 days for most medications, please contact your Patient Care Coordinator before disposing of any medication. Compounded medications may last well beyond the guidelines provided on the label by the pharmacy. If a quantity of medication is ordered that goes beyond the Use Date, the pharmacy will send the quantity they can and hold any remaining as a refill. Please contact us when you are running low so the refill can be ordered.
Shipping/Tracking Information: You must confirm your current shipping address with your Patient Care Coordinator before placing an order, especially if it differs from the billing address provided. Please allow ten (10) business days after payment is collected in full to receive your tracking information. This allows for processing time and compounding at the pharmacy. Your tracking information will be uploaded to your patient portal, and you can access it anytime at www.myevolvetelemed.com).
Shipping time is tracked (e.g., 1 standard overnight or 2-day) starting when your treatments are shipped from the pharmacy, not on the date you pay for your order. Prior to requesting shipping updates from your Patient Care Coordinator, please check your email and texts for tracking updates coming directly from the pharmacies, and your patient portal (www.myevolvetelemed.com) for shipping information. Orders from multiple pharmacies will arrive in different packages via either UPS or FedEx based on the shipping carrier a specific pharmacy uses.
At this time, FedEx and UPS will not deliver to a U.S. Post Office box. You must provide a physical street address for shipping. You can expect your treatments to arrive in discrete packaging.
Cold Shipping:
Certain medications/peptides may require special shipping/handling and refrigeration/cold pack from the pharmacy. Your Patient Care Coordinator will let you know if your order contains one of these items. Please don’t worry if your order arrives cold-packed, thawed or warm. The medications are stability tested to be stable for up to seven (7) days without refrigeration. It is recommended that the medication be immediately refrigerated as soon as it is received, if needed.
Re-Orders: Patients may order up to 140 days worth for most medications at a time. Bioidentical hormones can have unpleasant side effects when stopped abruptly. It is imperative that you contact your Patient Care Coordinator at least two weeks before your medications run out.
Price List: The medical science bioidenticals hormones, peptide treatments, and other lifestyle medications are constantly evolving. We update our formulary frequently as new treatments are offered, and existing treatments are discontinued. The supply of ingredients used to formulate treatments and demand changes according to market conditions.
Annual Care: Our annual care plan covers an initial physician consultation, any follow-up visits your physician requests, and unlimited access to your patient care coordinator. Our patient care coordinators consult regularly with your assigned provider on questions about your care.