Site Terms of Use
Please Read Carefully Before Using This Website:
Evolve Aesthetics and Wellness maintains this site for information, professional and business communication purposes. This section contains the Terms of Use governing your access to and use of the Website (the "Website" or "Site"). Additional terms and conditions may appear on specific pages or in other regions of the Site, for particular services or transactions; those additional terms and conditions, together with the Terms of Use described herein, govern your use of the Site and all related services or transactions. All applicable terms and conditions anywhere within our Site collectively comprise the Terms of Use. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website (if any such registration services are in place), your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking any "I AGREE TO THE TERMS OF USE" button (or other similar acceptance wording) as and when presented on any page within the Site.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Evolve Aesthetics and Wellness may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the missions and pursuits of the organization, as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is primarily directed to those individuals and entities located in the United States of America. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its mission and purpose, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Evolve Aesthetics and Wellness makes no representation that the information, opinions, updates or other content on the Website (collectively, "Content") is appropriate or that its mission and organizational purpose can be supported by interested persons/donors in the same affected jurisdictions as described above. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute any significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The unauthorized systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component or malware, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Evolve Aesthetics and Wellness shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, in separate subsystems (such as customer or client information portals, appointment systems, or similar online services, if any) or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Evolve Aesthetics and Wellness is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include the Evolve Aesthetics and Wellness copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website; transfer or sell any information obtained from this Site without the prior written permission of Evolve Aesthetics and Wellness.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Evolve Aesthetics and Wellness. You may not use a part of this Website on any other Website without the prior written consent of Evolve Aesthetics and Wellness.
Evolve Aesthetics and Wellness respects the intellectual property rights of others and expects our users to do the same. The policy of Evolve Aesthetics and Wellness is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the email address(es) or phone number(s) listed on this website.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Evolve Aesthetics and Wellness that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
8. Spamming
Gathering email addresses from Evolve Aesthetics and Wellness through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited (if any such systems exist, such as comments or forum entries). Inquiries regarding a bona fide vendor or collaborative relationship with Evolve Aesthetics and Wellness should be directed to the organization's main address as listed on this website.
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED UPDATES REGARDING OUR WORK, SERVICES, PRODUCTS, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH EVOLVE AESTHETICS AND WELLNESS EXPRESSLY DISCLAIMS. EVOLVE AESTHETICS AND WELLNESS DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND EVOLVE AESTHETICS AND WELLNESS WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.
WHILE IMAGES WITHIN THE SITE MAY REPRESENT ACTUAL PROCEDURES, SERVICES, FACILITIES, EQUIPMENT AND CLIENTS, ANY AND ALL SUCH IMAGES OF PROCEDURES, SERVICES, FACILITIES, CLIENTS, PEOPLE, CONSULTATIONS OR OTHER ILLUSTRATIVE EXAMPLES, OR ANY INDIVIDUAL OR SERVICE SO PORTRAYED, ON THE SITE ARE PURELY REPRESENTATIVE, AND MAY OR MAY NOT INDICATE ACTUAL PROCEDURES, SERVICES, FACILITIES, EQUIPMENT, CLIENTS, PEOPLE, CONSULTATIONS OR OTHER ILLUSTRATIVE EXAMPLES, OR ANY INDIVIDUAL OR SERVICE SO PORTRAYED, WHETHER IN THE PAST, PRESENT OR IN THE FUTURE, OR THAT ARE/WERE OR ARE NOT/WERE NOT THE SERVICE, SUPPORTED ENTITY, SERVICE, FACILITY, EQUIPMENT OR PROCEDURE OF SUPPORT, OR ORIGINAL CREATION OF EVOLVE AESTHETICS AND WELLNESS.
EVOLVE AESTHETICS AND WELLNESS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC TRANSACTIONS BETWEEN OR IN CONJUNCTION WITH EVOLVE AESTHETICS AND WELLNESS. SOME REGIONS OR PROVINCES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with Evolve Aesthetics and Wellness. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Evolve Aesthetics and Wellness.
12. Copyright Policy and Copyright Agent
Evolve Aesthetics and Wellness respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information:
(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.
(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.
(iv) Address, telephone number, and an electronic mail address where we may contact you.
(v) A statement that the complaining party has 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.
(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.
The Site's Copyright Agent can be reached via the contact information listed on this website.
13. U.S. Resident
You represent that you are a resident of the United States or duly authorized resident, unless specific circumstances, in other arrangements with Evolve Aesthetics and Wellness, clearly indicate that you are a resident of another country or jurisdiction, and that, in contacting, communicating with, or attempting to secure our services or any other transaction with Evolve Aesthetics and Wellness, that such interaction by you or your representatives is not contrary to all applicable laws, regulations and/or treaties governing you, those you represent, or any other associated party.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as cosmetic, relaxation, wellness, legal, financial or any other professional advice. This Website is not intended for use by minors except for purely informational purposes about the services and products of our organization; any such use is to be under appropriate adult or parental supervision. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR OWN WELLNESS ADVISOR, PHYSICIAN, COSMETIC CONSULTANT, AND/OR YOUR LEGAL, TAX, FINANCIAL, OR OTHER ADVISOR, AS APPROPRIATE.
15. Indemnity
You agree to defend, indemnify, and hold Evolve Aesthetics and Wellness, its officers, managers, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS OR USERS WHO SUBMIT REQUESTS THROUGH ANY ELECTRONIC FORM ON THE SITE
16. Accounts And Security
Evolve Aesthetics and Wellness does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses, malware or other harmful components.
Users who submit their e-mail addresses for inclusion on a mailing list or lists or for any other communication agree to furnish their own address, or if it is not their own, that they legally represent the address, or those connected to it, and that such use is authorized. Evolve Aesthetics and Wellness is not responsible for the inappropriate submission by others of e-mail addresses through its on-line automated response or inquiry forms; Evolve Aesthetics and Wellness will, in good faith, attempt to remove e-mail addresses, when so requested by their legitimate owners, from contact lists.
All use of any electronic response or request form is at the election of the User, and the User agrees to hold Evolve Aesthetics and Wellness harmless for any action, non-action, result, non-result or other activity related to the submission. Such forms are intended to be mechanisms of communication convenience and are not meant to be binding in anyway whatsoever, and should not be construed as such. Evolve Aesthetics and Wellness is not responsible if, for whatever reason, such submissions do not properly arrive at their intended destination. Users are responsible for whatever information they include in any such submission. Evolve Aesthetics and Wellness reserves the right to reject, deny, delete or block any submission which it deems, for whatever reason, to be objectionable, harassing, inappropriate, or illegal, with or without any communication or notice back to the original User, or any other party or Users acting in conjunction with or on their behalf.
As part of any registration processes (if any), each user will select a password ("Password") and Login Name ("Login Name"), unless this is assigned directly by a relevant system administrator). You shall provide Evolve Aesthetics and Wellness with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
—select or use a Login Name of another person with the intent to impersonate that person;
—use a name subject to the rights of any other person without authorization;
—use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
—you agree to protect your credentials to the website, including username and passcode/ password, and to not disclose them to those who do not have a clearly demonstrable business need to know.
You shall notify Evolve Aesthetics and Wellness of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your credentials.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at sole discretion of Evolve Aesthetics and Wellness, and you may be reported to appropriate law-enforcement agencies.
17. Contact Information
If you have any questions or concerns regarding these Terms of Use, please contact us at the address, email and/or telephone number(s) published on this website.
Privacy Policy
Effective and Last Updated 06-28-2023
This website is owned and operated by Evolve Aesthetics and Wellness. We are committed to protecting the privacy of our visitors while they interact with the content and services on this site (the "Site"). As an organization comprised of dedicated professionals, we understand, as people, the important issues regarding online privacy, protection of personal information, and striving for the most secure networks and electronic communication systems possible.
This Privacy Policy applies to the Site only. It does not apply to any other Websites to which we may link, if any. Because we gather certain types of information about our users, we want you to understand what information we collect about you, how we collect it, how that information is used, and how you can control our disclosure of it. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Site.
1) Information Collected
We collect two types of information from you: i) information that you voluntarily provide to us (e.g. through a voluntary registration process, sign-ups or emails); and ii) information that is derived through automated tracking mechanisms.
Voluntary Registration Information
In order to fully access any donor support systems, blogs or forums (if our site hosts them at any given time), you must first complete the registration process, during which we will collect personal information about you. The information may include your name, address, and email address, or other identifying information. We do not collect personally identifiable information about you except when you specifically provide such information to us on a voluntary basis.
By registering with us, you consent to the use and method of disclosure as described in this Privacy Policy.
Voluntary Information for Services and Features
We also collect personally identifiable information when you choose to use certain other features of the Site, including: i) making electronic appointments or payments (as and if available), ii) consenting to receive email or text messages about upcoming events, iii) requesting/consenting to receive email, iv) participating in any client information systems we may provide (if any), iv) commenting on articles, and others. When you choose to use these additional features, we require you to provide your "Contact Information" in addition to other personal information that may be required to complete a transaction such as your phone number, address and similar information. Occasionally, we may also request information such as your account preferences and demographics which will help us better serve you and our other users in the future.
Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. Evolve Aesthetics and Wellness may use cookies to store visitor's preferences and to record session information. We do not and will not use cookies to collect private information from any user that such user did not intentionally submit to us.
Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. If a user's system is idle for a defined time, the cookie will expire, forcing the user to sign in again to continue their session. This prevents unauthorized access to the user's information while they are away from their computer.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Site that are controlled or accessible only by proper log-in procedures (such as when using a customer account information system, requesting a quote, or other similar activities).
2) Site Referrals/Social Media
Certain areas of the Site may include electronic referral forms or mechanisms to share various pages or elements on social media. If any invite feature is activated, you may choose to invite colleagues/friends to visit Evolve Aesthetics and Wellness Site by sending invitation emails via the invite feature (if any such feature is installed), or similar posting mechanisms to various social media. In the case of email invitations, our Website stores the email addresses you provide so that the respondents may be added to optional social networks, confirm information and also to send reminders of the invitations. If utilized at any point in the past, present or future, Evolve Aesthetics and Wellness has not, does not and will not sell these email addresses or any other associated personal information, or use them to send any other communication besides invitations, invitation reminders or other prudent bulletins (including newsletters). Recipients of invitations, newsletters and other such content may contact Evolve Aesthetics and Wellness to request removal of their information from our database and/or use the included unsubscribe mechanisms in any electronic messages.
3) How We Use Your Information
Evolve Aesthetics and Wellness only uses your personal information for the original purposes it was given. Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection. Evolve Aesthetics and Wellness will not disclose, use, give or sell any personal information to third parties for any purposes other than to our providers and other third parties who need to know in order to deliver services on behalf of Evolve Aesthetics and Wellness, unless required to do so by law. Further, Evolve Aesthetics and Wellness reserves the right to contact you regarding matters relevant to the underlying service provided and/or the information collected.
Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling any appointment requests; providing general service; tracking emails, email invitations and other communication you send; and otherwise supporting your use of the Site. Evolve Aesthetics and Wellness may use your personal information for targeted advertising based on things such as region, company profile, interests, services offered, et cetera.
We may permit certain trusted third parties (such as server administrators) to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. This is collected in order to better understand our Web site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your requests for information or services.
Also, we may share personally identifiable or other information with our subsidiaries, divisions, and affiliates. We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our organization, or as part of an organizational reorganization or other change in control.
Evolve Aesthetics and Wellness may disclose Contact Information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our vendors, donors, beneficiaries, or anyone who could be harmed by such activities.
WE ARE NOT LIABLE OR RESPONSIBLE FOR THE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION YOU CHOOSE TO SUBMIT IN PUBLIC AREAS, COMMENTS, BLOGS, OR FORUMS SUCH AS A BULLETIN BOARD, CHAT ROOM OR ANY OTHER PUBLICLY ACCESSIBLE AREA OF THE SITE, IF AND AS ANY ARE OFFERED BY EVOLVE AESTHETICS AND WELLNESS, AT ANY POINT IN THE PAST, PRESENT OR FUTURE.
You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information (unless otherwise required by law). We use non-identifying and aggregate information to better design our website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
4) How We Protect Your Information
We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
In addition, partners who may assist us in the proper and secure collection of financial donations will have their own terms, including those which govern privacy and site terms of use.
5) Third Party Advertising
From time to time, only a strictly limited basis, Evolve Aesthetics and Wellness may engage in partnered advertising, product announcement, and other industry- or professional type announcements, typically connected with, but not limited to, our general services and related products. Any such advertisements, product announcement or partner bulletins appearing on this Site may be delivered to you by Evolve Aesthetics and Wellness or one of our Web advertising or promotion partners (such as a related wellness products company). Our Web advertising partners may set cookies. Doing this allows the advertising partners to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements or promotions are clicked. This information allows an advertising partner to deliver targeted advertisements that they believe will be of most interest to you. Evolve Aesthetics and Wellness does not have access to or control of the cookies that may be placed by the third party advertising servers of any ad partners.
This privacy statement covers the use of cookies by Evolve Aesthetics and Wellness and does not cover the use of cookies by any of its advertisers.
6) Accessing and Updating Your Personal Information and Preferences
We will provide mechanisms for updating and correcting your personal information for online systems which correspond to a user account, if offered. You may modify or remove any of your personal information at any time by logging into your account (if such services are available) and accessing features such as "edit account/profile."
7) E-mail Choice/Opt-out
If any user who receives an email from the Site and would prefer not to receive such communications in the future, he or she can do so by following the instructions in the emails. In addition, you may send an email to the published email address on this site or contact us through our general electronic messaging form or by phone.