Conditions of Use
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
For Surgeries
A booking fee of $500.00 is required to hold your surgery date. Understand Evolution MD has a NON-REFUND POLICY.
A $500 nonrefundable deposit is required to reserve a space on the surgery schedule. After the surgery is scheduled, the staff spends a significant amount of time assembling documents, test results, and other information for your surgery. If you cancel your surgery after paying the scheduling deposit, the money will not be refunded.
All remaining payments are due two weeks (14 days) business day prior to your surgery. If payment is not received in full within this time frame, your surgery date will be cancelled, to be rescheduled once payment is received.
Failure to cancel your surgery at least 14 business days prior to your surgery will result in a loss of your booking fee of $500.
Failure to cancel your surgery at least 7 business days prior to your surgery date will result in a loss of your booking fee plus an additional administrative fee and laboratory work up. The total charges will be withheld and will result in a loss of $850.
The services that are performed and paid using a credit card, debit card or PAYPAL are not eligible for a credit challenge (or dispute). By checking the terms of service in our website, you are agreeing you will not dispute any credit card, debit card or Paypal payments once service has been provided. The practice encourages a complete post up care and follow up interaction to address any issues that might arise following services provided.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Evolution M.D. The collective work includes works that are licensed to Evolution M.D. Copyright 2016, Evolution M.D. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Evolution M.D. or purchasing Evolution M.D. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Evolution M.D. or to purchase Evolution M.D. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Evolution M.D. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Shipping Rates
While Evolution M.D. and its corresponding website makes every attempt to calculate correct shipping rates for its customers, occasionally errors are made because of special shipping circumstances. If a shipping rate is found not to be correct, every attempt will be made to contact the customer as soon as possible regarding the difference, whether positive or negative in price. No order will be processed unless the change in price has been explicitly approved by the customer
Trademarks
All trademarks, service marks and trade names of Evolution M.D. used in the site are registered trademarks of Evolution M.D.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Evolution M.D. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Evolution M.D. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Evolution M.D. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Evolution M.D. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Evolution M.D. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you
Typographical Errors
In the event that an Evolution M.D. product is mistakenly listed at an incorrect price, Evolution M.D. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Evolution M.D. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Evolution M.D. shall issue a credit to your credit card account in the amount of the incorrect price
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Evolution M.D. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
M.D. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Evolution M.D.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Evolution M.D. products) shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Evolution M.D. products) must be commenced within one (1) year after the claim or cause of action arises. Evolution M.D.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Evolution M.D. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Evolution M.D. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Evolution M.D. does not and cannot review all communications and materials posted to or created by users accessing the site, and it is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Evolution M.D. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Evolution M.D. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Evolution M.D. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Evolution M.D., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Evolution M.D. may link to sites operated by third parties. However, even if the third party is affiliated with Evolution M.D., Evolution M.D. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Evolution M.D. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Evolution M.D. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).