Last Updated: November 2021
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Evidation Health terms of use (“Terms”) govern your use of the Evidation website(s) located at https://evidation.com made available by Evidation Health, Inc. (“Evidation,” “we,” “our,” or “us”). To make these Terms easier to read, the Evidation website is referred to herein as the “Site.”
Please carefully review these Terms and the Evidation Privacy Notice (the “Privacy Notice”), which is incorporated herein by reference.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors.
For Members, please also reference Member Terms
By accessing or using the Site, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and the Privacy Notice. If you do not agree, then you do not have permission to access or use the Site. We reserve all rights not expressly granted to you.
Evidation reserves the right to modify or terminate these Terms, at any time, without prior notice, and at Evidation’s sole discretion. The modified version of the Terms shall be posted on the Site. Your continued use of the Site after Evidation has posted the Modified Terms shall constitute your consent to the Modified Terms.
Evidation welcomes feedback, questions, comments, and suggestions regarding the Site or Evidation. You can submit Feedback by emailing [email protected] or through the Site’s contact page.
You agree not to do any of the following: (i) misrepresent yourself, identity, or other information; (ii) use, display, mirror or frame the Site or any Evidation trademark; (iii) copy copyrighted text or misappropriate Site information; (iv) access non-public areas of the Site; (v) circumvent any technological measure; (vi) use the Site for any commercial purpose not permitted by these Terms; (vii) attempt to decompile or reverse engineer any software; (viii) interfere with the Site or violate any applicable law.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind posted or made available by Evidation on the Site. Evidation and its licensors exclusively own all right, title, and interest in and to the Site and Content.
The Site may contain links to third-party websites or resources. Evidation provides these links only as a convenience and is not responsible for the content, products, or services on those websites.
Evidation may terminate your access to and use of the Site, at its sole discretion, at any time, and without notice to you.
We will respond to notices of alleged infringement that comply with applicable law. Contact our copyright agent at: Evidation Health, Inc., Attn: Legal, 63 Bovet Rd #146, San Mateo, CA 94402, [email protected]
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVIDATION EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND CONTENT REMAINS WITH YOU. EVIDATION WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
These Terms will be governed by the law of the State of California. You and Evidation agree that any dispute will be settled by binding arbitration. CLASS ACTION WAIVER: The parties agree that the arbitration shall be conducted in individual capacities only and not as a class action.
You agree to release, defend, indemnify, and hold Evidation harmless from and against any claims, liabilities, damages, losses, and expenses arising out of your access to or use of the Site or your violation of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Evidation and you regarding the Site and the Content. You may not assign or transfer these Terms without Evidation’s prior written consent.