Introduction: Welcome to this website and/or application (“Site”), which is registered to Everlasting Health, LLC.
Please review the following Privacy Policy (“Policy”) that governs your use of our Site. Please note that with each use of our Site, you unconditionally agree to follow and be bound by this Policy. If you do not agree to these terms, you should not review information on or use the Site. Although you may bookmark a particular portion of this Site and/or bypass this Policy, your use of this Site still binds you to the terms of this Policy.
Acceptance of Policy: You agree to the terms and conditions of this Policy. This Policy, together with the Terms of Use, constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site and the subject matter herein. We reserve the right to update or modify this Policy at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Policy as amended. For this reason, you should review this Policy whenever you use this Site.
Personal Information Collected by this Site: There may be some instances where we ask you for personally identifiable information, including, without limitation, your name, mailing address, phone number, email address, primary health insurance, and credit card information. We may use this information:
To confirm your registration or appointment.
To fulfill your request for a promotional item.
To fulfill your request for a physician or agent referral.
To respond to your Customer Service Center inquiries.
To keep you updated on services, events, or other information that may be of interest to you. For other purposes permitted herein.
Disclosure of Personally Identifiable Information: In general, we will not disclose information that identifies or can be used to identify you personally (such as name, address, names of relatives, birth date, telephone numbers, fax numbers, email addresses, social security numbers, and health plan beneficiary numbers) to any third party without your consent, except when required to do so by law. Please see our HIPAA Privacy Notice for more information. Notwithstanding the foregoing, we may disclose your name, address, and/or email address to our third-party partners solely for marketing purposes and other purposes permitted pursuant to this Policy.
Security: The importance of security is a top priority for us. We exercise great care in providing secure transmission of your information from your Internet connection to our servers. We use our best efforts to ensure the security of information submitted by users. When we collect other information from our users, it is stored in an area where the general public does not have access to it. While we have made great efforts to protect your information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Therefore, please note that no data transmission over the Internet can be guaranteed to be 100 percent secure, and we will not be held liable should a third party illegally obtain your personal information.
Links to Other Websites: This Site may contain links to other websites. We are not responsible for the privacy practices or the content of other websites. You should be aware that such third parties may request and record registration information about you. We cannot guarantee your privacy on other websites, and we do not have control over their privacy policies or content.
Indemnification: You agree to indemnify, defend, and hold us and our parents, subsidiaries, affiliates, employees, directors, officers, and agents (collectively, the “Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys' fees, related to your violation of this Policy and/or use of the Site.
Disclaimer: The information from or through the Site is provided "as-is" and "as available," and all warranties, express or implied, are disclaimed, including without limitation, the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The information and services may contain bugs, errors, viruses, problems, or other limitations. You agree that we have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we are not liable for any direct, indirect, special, incidental or consequential damages (including, without limitation, damages for loss of business, loss of profits, litigation), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation of damages set forth herein are fundamental elements of the basis of the bargain between us and you. The Site would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation, or guarantee not expressly stated in this Policy.
Limitation of Liability: Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall we or any of the Indemnified Parties be liable to you or to any other person for any direct, indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or the inability to use the Site, including with limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if our authorized representative has been advised of or should have known of the possibility of such damages.
Miscellaneous: This Policy shall be treated as though it were executed and performed in Hillsborough County, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principals. Any cause of action by you with respect to the Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Policy shall be brought solely in Hillsborough County, Florida and/or Federal Court in the Middle District of Florida. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limitation of Liability Section of this Policy. The language in this Policy shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Policy be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Policy, together with the Terms of Use, constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Policy. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Policy, this Policy shall take precedence. Our failure to enforce any provision of this Policy shall not be deemed a waiver of such provision nor of the right to enforce such provision.
WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS POLICY AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THE POLICY AS AMENDED. FOR THIS REASON, YOU SHOULD REVIEW THIS POLICY WHENEVER YOU USE THIS SITE.
