Terms and Conditions
Terms and Conditions ("Terms")
Last updated: November 26, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.evolve.diet website, the Evolve Diet mobile application (together, or individually, the "Services") operated by Intelligent Health LLC (“Intelligent Health”,"us", "we", or "our"). These Terms constitute a legally binding agreement by and between Intelligent Health and You regarding Your use of the Services.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By using the services, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law.
If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, (I) restricting availability of the Services, (II) restricting the amount of use permitted, and (III) restricting or terminating any user's right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or the Services. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Services.
No Medical Service or Advice
Intelligent Health provides the services for informational purposes only. The Services do not contain or constitute, and should not be interpreted as, medical advice or opinion. Intelligent Health is not a medical professional, and does not provide medical services or give medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any weight management program. You agree that your use of the services does not create a doctor-patient relationship between you and Intelligent Health.
You do not have to become a registered user to use parts of the Services. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Services.
If you create an account with us and become a registered user, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party Services. You are entirely responsible for any and all activities which occur under your user account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
Links To Other Web Sites
These Terms & Conditions apply only to the Services that are owned or controlled by Intelligent Health LLC, and not to websites, applications or services provided by Third-Parties. We may provide, or third parties may provide, links to other worldwide websites, applications, or resources. Intelligent Health LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or third-party Services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Intelligent Health is not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources).
Intelligent Health offers some of the Services in exchange for the payment of fees “ Paid Services”. These fees may be billed on a single purchase basis or on subscription basis ("Subscription(s)"). Access to Paid Services requires payment of all fees in advance.
A valid payment method is required to process the payment for your Fees. You shall provide Intelligent Health LLC with accurate and complete billing information Fees are payable in U.S. dollars. You expressly authorize us to charge your Payment Method for the appropriate fees charged for the Paid Services and for any other purchases you elect to make via Intelligent Health. We will process payments you authorized for the Paid Services via online billing mechanisms and third party providers in a timely and commercially reasonable manner
You will be billed in advance on a periodic basis ("Billing Cycle"). If you elect to pay these fees on single purchase basis, at the end of the Billing Cycle you will be prompted to authorize payment for the subsequent period. Should you elect not to authorize payment, your access to the Paid Services will be disabled. You may, at any time, obtain access to the Paid Services by authorizing payment using a valid Payment Method. Access to the Paid Services will be granted upon successful payment of the respective fees.
You may elect to make payment for the Paid Services on a monthly or annual subscription basis. Subscription Fees will be billed automatically to the Payment Method at the start of the billing cycle, and will auto-renew until you elect to cancel your access to Paid Services. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Intelligent Health LLC cancels it. Should automatic billing fail, access to the Paid Services will be disabled until payment is received. Fees for subscriptions will be billed on an ongoing and recurring basis even if you are not actively using the Paid Services. If you elected to make payment on a subscription basis, You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received. You may cancel your Subscription renewal either through your online account management page or by contacting Intelligent Health LLC customer support team.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us. Intelligent Health LLC, in its sole discretion and at any time, may modify the Fee schedule, Billing cycle, single purchase fee, and Subscription fees for the Subscriptions. Any fee change will become effective at the end of the then-current Billing Cycle. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule. Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Your only remedy regarding changes in the Fee schedule, Billing cycle, single purchase fees, and Subscription fees, or the imposition of new fees in connection with the Paid Services is to cancel the Paid Services per the cancellation procedure set out below.
If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedure. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Paid Service through the remainder of such billing cycle. For example, if you are billed on a monthly subscription basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Paid Services through the end of that month. You are responsible for canceling your subscription to the Paid Services and we are not responsible for your failure to properly cancel your subscription to the Paid Services nor for any credit card charges and fees you incur as a result of your failure to properly cancel your subscription to the Paid Services.
All purchases of Paid Services are final. No refund will be given for unused portions of any Paid Services purchased on single purchase (non-subscription) basis upon termination or cancelation. Certain refund requests for unused portions of any Paid Services purchased on subscription (non-single purchase) basis upon termination or cancelation may be considered by Intelligent Health LLC on a case-by-case basis and granted in sole discretion of Intelligent Health LLC.
Intelligent Health LLC may, at its sole discretion, offer free access to Paid Services with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Intelligent Health LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Intelligent Health LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Services and its original content, features and functionality are and will remain the exclusive property of Intelligent Health LLC and its licensors. The Services are protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Services without the prior written consent of Intelligent Health LLC.
Subject to Your compliance with the terms and conditions of this Agreement, Intelligent Health grants You a non-exclusive, non-transferable, non-sublicensable, revocable, license to use the Services. The services are for your personal and non-commercial use. The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Intelligent Health LLC. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Intelligent Health LLC or any other party. In the event that You breach any provision of this Agreement, Your license under this agreement will immediately terminate.
We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices with respect to these services should be sent to our designated agent for notice of claims of copyright infringement:
Attn: Copyright Agent email@example.com
Consent to receive emails from Intelligent Health
In providing the Services, You may receive periodic email communications regarding the Services, new product offers and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Intelligent Health believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each email or newsletter; or (b) changing the email preferences in Your account.
Consent to receive communications from Users
By connecting with other registered users, You may receive electronic communications, including email and instant messages from these users. You can manage the messages You receive from other registered users by changing the messaging preferences in Your account.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services and/or cancel and delete you account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
the services are provided "as is" and “as available” without warranties of any kind, either express or implied.
Intelligent Health, our affiliates, our partners, and our or their respective licensors, licensees, service providers or suppliers make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non infringement of third parties' rights, and fitness for particular purpose.
Neither Intelligent Health, our affiliates, our partners, nor our nor their respective licensors, licensees, service providers or suppliers warrant or make any representations that the services are free of viruses or other harmful components.
Data Loss Disclaimer
You agree that you use the Services and the content at your own risk.You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
You will not hold Intelligent Health or its Third-Party Service Providers, Licensors and Suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the services, including without limitation any loss or damage to any of your computers or data. The services may contain bugs, errors, problems or other limitations.
You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your account.
These Services provide weight management applications and information and content published over the Internet and is intended only to assist users in their personal weight management. Intelligent Health is not a medical organization and cannot give you medical advice or diagnosis. Nothing contained in these services should be construed as such advice or diagnosis. The information and reports generated by the services should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight management program. These Services are intended for use only by healthy adult individuals. These Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight management program.
Limitiation of Liability
In no event shall Intelligent Health LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence), or otherwise, exceed the amount paid by you, if any, for accessing the Services. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. If you are dissatisfied with the Service or with any of these Terms and Conditions, your sole remedy is the discontinuation of your use of the Services.
You agree to defend, indemnify and hold harmless Intelligent Health LLC and its licensee and licensors, and their employees, contractors, agents, officers, directors, and stockholders from and against any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal and accounting fees), resulting from or arising out of a) access of the Services, by you or any person using your account and password, b) your use or misuse of the content or the Services, or c) breach of these Terms. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, that part will be construed to reflect that parties original intent, the remaining provisions of these Terms will remain in effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Intelligent Health may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Intelligent Health. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Terms, please contact us.