Everlast Health ("Everlast," "we," "us," or "our") provides a technology-driven platform aimed at revolutionizing the way individuals engage with their health. Our mission is to unlock health insights and empower our users ("you" or "your") to take proactive steps toward managing and understanding their health through access to critical diagnostics, advanced testing, and innovative digital tools. This document, the Terms and Conditions ("Terms"), governs your use of the Everlast platform and services (collectively, "Service").
Acceptance of Terms
By accessing, browsing, or otherwise using the Everlast Health platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, and to comply with all applicable laws and regulations. If you do not agree to these Terms, you must not access or use our Service.
Modification of Terms
Everlast reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. We will post the amended Terms on the Everlast platform and indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
1. No Medical Advice Provision
Everlast Health operates as a technology company within the preventative health space, offering a platform designed to equip you with health-related information and insights. It is crucial to understand the scope and limitations of our Service:
a. Scope of Service
Everlast Health provides access to various health diagnostics and digital tools to help you monitor and understand your health data. Our platform serves as a digital intermediary, offering insights into your health status based on the information you provide and the diagnostics we facilitate.
b. Limitations
Our Service is not intended to replace professional medical advice, diagnosis, or treatment. We do not offer medical opinions or engage in the practice of medicine. The information provided through our Service should be used as a supplementary resource to enhance your understanding of your health.
c. Your Responsibility
You acknowledge and agree that any health-related decisions made using information obtained from Everlast are made in full awareness of our limitations. We encourage you to consult healthcare professionals for all health-related questions and concerns.
2. User Responsibilities
When utilizing the Everlast platform, you agree to uphold certain responsibilities to ensure a productive and safe experience for all users:
a. Accurate Information
You commit to providing truthful, accurate, and complete information about yourself when using our Service and to update this information as necessary to maintain its accuracy.
b. Compliance with Laws
You agree to use our Service in a manner consistent with all applicable local, state, national, and international laws and regulations.
c. Personal Use
Our Service is intended for personal, non-commercial use. You agree not to use the Service for any unauthorized or unlawful purposes, and you will not infringe on the rights of Everlast or others.
3. Intellectual Property Rights
The Service, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio), is owned by Everlast Health, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
a. Trademarks
The Everlast Health name, logo, and all related names, logos, product and service names, designs, and slogans are marks of Everlast or its affiliates or licensors. You must not use such marks without the prior written permission of Everlast.
b. Copyright
All rights reserved. You are granted a limited, non-exclusive, non-transferable license to access and use the Everlast Service for your personal, non-commercial use. This license is subject to these Terms and does not include any right to (i) sell, resell, or commercially use the Service or Service content; (ii) collect and use any product listings, descriptions, or prices; (iii) make any derivative use of the Service or its content; (iv) download, copy, or other use any account information for the benefit of any third party; or (v) use data mining, robots, or similar data gathering and extraction tools.
4. Privacy & Data Protection
Your privacy is critically important to us. Everlast's Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with third parties.
a. Information Collection
You acknowledge that Everlast collects personal information, health data, and other information from you to provide the Service and improve your user experience. This information may include but is not limited to, your name, email address, health metrics, and results.
b. Use of Information
We use the information we collect to operate, maintain, and provide you with the features and functionality of the Service, to communicate with you, and to conduct research and development for the improvement of the Service.
c. Sharing of Information
Everlast may share your information with third parties in accordance with our Privacy Policy and in effort to provide, improve, and ensure the delivery of the Service. We may also share your information as required by law or to protect the rights, property, or safety of Everlast, our users, or others.
5. Limitation of Liability
Everlast Health and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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.
6. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Everlast Health its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, without regard to its conflict of law provisions. 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, the remaining provisions of these Terms will remain in effect.
8. Changes
If you have any questions about these Terms, please contact us at team@Everlasthealth.com
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