Terms of Use

Terms of Use

The Evolve Direct Primary Care website is a service for clients to better manage their health using online-enabled care from their medical team. The service is operated by Evolve Direct Primary Care. By using the Website, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Evolve Direct Primary Care (“Member”). If you wish to become a Member and make use of the Evolve Direct Primary Care service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the Evolve Direct Primary Care Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by Evolve Direct Primary Care at any time, effective upon posting on the Evolve Direct Primary Care website, and your use of the Service after such posting will constitute acceptance by you of such changes.

1. Acceptance of Terms of Use Agreement.

a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Evolve Direct Primary Care from time to time, such modifications to be effective upon posting by Evolve Direct Primary Care on the Website. This Agreement includes Evolve Direct Primary Care Acceptable Use Policy for Content Posted on the Website, Evolve Direct Primary Care Privacy Policy, Evolve Direct Primary Care subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to info@emc4me.com. or a letter and self-addressed stamped envelope to: Evolve Direct Primary Care, 509 S. Cherry Grove Avenue, Annapolis, MD 21401.

d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.

(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.

(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to info@emc4me.com. or a letter and self-addressed stamped envelope to:
Evolve Direct Primary Care, 509 S. Cherry Grove Avenue, Annapolis, MD 21401.

(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

2. Eligibility.

By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Membership and Subscription Pricing.

You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in all the features and services available within the Service. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Please see Billing Details for a description of such policies. For purposes of this Agreement the term “Member” includes subscribers, unless where its usage indicates otherwise.

4. Term.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership by contacting us at 509 S. Cherry Grove Avenue, Annapolis, MD 21401. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Evolve Direct Primary Care may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Evolve Direct Primary Care. If Evolve Direct Primary Care terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Evolve Direct Primary Care. Evolve Direct Primary Care is not required to provide you notice prior to terminating your membership and/or subscription. Evolve Direct Primary Care is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. Non-commercial Use by Members.

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Evolve Direct Primary Care, which may be revoked at any time, for any reason, in Evolve Direct Primary Care sole discretion.

6. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Evolve Direct Primary Care of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Evolve Direct Primary Care will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

7. Content on Evolve Direct Primary Care.

a. Proprietary Rights. Evolve Direct Primary Care owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Evolve Direct Primary Care are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Evolve Direct Primary Care does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Evolve Direct Primary Care or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

8. Content Posted by You on Evolve Direct Primary Care.

a. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Evolve Direct Primary Care, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Evolve Direct Primary Care of such change.

b. You understand and agree that Evolve Direct Primary Care may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of One Medical Group violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

c. By posting Content to any public area of Evolve Direct Primary Care, you automatically grant, and you represent and warrant that you have the right to grant, to Evolve Direct Primary Care, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Evolve Direct Primary Care will not infringe or violate the rights of any third party.

d. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

e. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Evolve Direct Primary Care cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

f. All information you include in your Member profile must be accurate, current and complete.

9. Prohibited Activities.

Evolve Direct Primary Care reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

• You will not express or imply that any statements you make are endorsed by Evolve Direct Primary Care without our specific prior written consent.
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
• You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You will not “frame” or “mirror” any part of the Service or the Website, without Evolve Direct Primary Care prior written authorization. You also shall not use meta tags or code or other devices containing any reference to One Medical Group or the Service or the site in order to direct any person to any other web site for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

10. Subscriptions; Charges on Your Billing Account.

a. General. Evolve Direct Primary Care bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay One Medical Group all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Evolve Direct Primary Care to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Evolve Direct Primary Care reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

b. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Evolve Direct Primary Care MAY SUBMIT PERIODIC CHARGES (E.G., ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY One Medical Group) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Evolve Direct Primary Care REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY One Medical Group IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE Evolve Direct Primary Care ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Evolve Direct Primary Care MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Evolve Direct Primary Care).

d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Evolve Direct Primary Care does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Evolve Direct Primary Care shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that One Medical Group may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

f. Auto-renewal. Your Evolve Direct Primary Care subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Evolve Direct Primary Care is authorized to charge your Payment Method. Evolve Direct Primary Care may submit those charges for payment and you will be responsible for such charges. This does not waive Evolve Direct Primary Care right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

h. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.

11. Permission to Treat.

By clicking “Accept” during registration, you give permission to the health care providers of Evolve Direct Primary Care to medically care for you. You may withdraw this consent at any time by no longer seeking care from Evolve Direct Primary Care.

12. Appointments: Missed/Late Cancellation.

You understand and agree that if you do not show for your appointment or fail to cancel your appointment with less than 24 hours notice, Evolve Direct Primary Care may charge you $25 for a missed/late cancelled appointment.

13. Modifications to Service.

Evolve Direct Primary Care reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Evolve Direct Primary Care shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Blocking of IP Addresses.

In order to protect the integrity of the Service, Evolve Direct Primary Care reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

15. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; 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. Evolve Direct Primary Care Copyright Agent for notice of claims of copyright infringement can be reached as follows: Evolve Direct Primary Care, 509 S. Cherry Grove Avenue, Annapolis, MD 21401.

16. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy.

17. Disclaimers.

Evolve Direct Primary Care is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Evolve Direct Primary Care is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Evolve Direct Primary Care assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Evolve Direct Primary Care is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Evolve Direct Primary Care or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Evolve Direct Primary Care expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Evolve Direct Primary Care cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Evolve Direct Primary Care makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

18. Complementary Services Disclaimer.

I understand that methods of treatment for Evolve Direct Primary Care Complementary and Alternative Medicine (CAM) services may include, but are not limited to: acupuncture, moxibustion, cupping, electrical stimulation, Tui-Na (Chinese massage), chiropractic, and nutritional counseling.

Chiropractic medicine is a safe method of treatment, but it may have side effects, including strokes, dislocations, and pains.

Nutrition consultation services are not licensed by the state of Maryland. The methods of evaluation employed, which may include diet, supplementation, and assessment analysis, are not intended to diagnose disease.

Acupuncture is a safe method of treatment, but it may have side effects, including bruising, numbness, or tingling near the needling sites that may last a few days, and dizziness or fainting. Bruising is a common side effect of cupping. Unusual risks of acupuncture include spontaneous miscarriage, nerve damage and organ puncture, including lung puncture (pneumothorax). Burns are a potential risk of moxibustion. I understand that while this document describes the major risks of treatment, other side effects and risks may occur.

I will notify the provider who is caring for me if I am or become pregnant.

I will consult with a medical physician to be screened for any predispositions to injuries and risks in regarding any of the CAM treatments.

I will consult with a medical physician to address serious health concerns and to avoid any contraindications.

I understand that the Complementary and Alternative Medicine modalities are not a substitute for allopathic medical care and do not expect the CAM providers to anticipate all possible risks and complications of treatment. I will immediately notify my provider of any unanticipated or unpleasant effects associated with any of my CAM treatments.

By clicking “I AGREE” I give consent to any of the CAM providers at Evolve Direct Primary Care to assess and care for my present condition and any other future conditions for which I seek attention at this office.

19. Links.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Evolve Direct Primary Care has no control over such sites and resources, you acknowledge and agree that Evolve Direct Primary Care is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Evolve Direct Primary Care shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

20. Limitation on Liability.

To the extent permitted by law, in no event will Evolve Direct Primary Care be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Evolve Direct Primary Care has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Evolve Direct Primary Care liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Evolve Direct Primary Care for the Service during the term of membership.

21. U.S. Export Controls.

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

22. Jurisdiction and Choice of Law.

If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Maryland for the resolution of any such dispute.

23. Indemnity by You.

You agree to indemnify and hold Evolve Direct Primary Care, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

24. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.