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Terms of Use

Effective date: 4/14/2023

Welcome to Evolution Rehab Group. Please read on to learn the rules and restrictions that govern your use of our website(s) and applications (the “Services”). It is important that you read and understand these terms before you use our Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Evolution Rehab Group; Attention – Privacy Officer
8135 Emerald Winds Cir

Boynton Beach, FL 33473

561-900-2423 ext 2
ben@evolution.rehab

 

These Terms of Use (the “Terms”) are a binding contract between you and Evolution Rehab Group Care.  You must agree to and accept all of the applicable Terms, or unfortunately, you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

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Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website(s) and applications, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by Evolution Rehab Group as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Evolution Rehab Group.

What about my privacy?

Evolution Rehab Group takes the privacy of its users very seriously. Read the Privacy Policy for more information.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13 without parental consent; if you are a child under 13 without parental consent, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information without parental consent, please contact us at ben@evolution.rehab.

We also do not knowingly collect or solicit personally identifiable information from individuals residing outside of the United States. If you reside outside of the United States, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual residing outside of the United States, we will delete that information as quickly as possible.

Health Insurance Portability & Accountability Act

You understand that Evolution Rehab Group is a “health care provider” and must comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HIPAA protects the privacy of individually identifiable health information, or “protected health information” as that term is defined in HIPAA (“PHI”). The Privacy Policy outlines your rights and our responsibilities regarding your PHI, additional information on how Evolution Rehab Group may use your Content and any communications between you and your Evolution Rehab Group Physical Therapist and who to contact if you have any concerns regarding your PHI. Your acceptance of these Terms acknowledges that you have been given access to the Privacy Policy and acknowledges receipt of such policy.

You understand that as a “health care provider”, Evolution Rehab Group must comply with HIPAA and therefore retain data you input/upload to the platform related to (but not limited) with:

  • Written or electronic record of a designation of an organization as a covered entity or business associate;

  • All signed authorizations and, where applicable, written acknowledgments of receipt of the notice or documentation of good faith efforts to obtain such written acknowledgments

  • Medical records and billing records about individuals maintained by or for a covered healthcare provider;

  • Enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; and

  • Other records that are used, in whole or in part, by or for the covered entity to make decisions about individuals.

  • This data may be retained by Evolution Rehab Group as required by HIPAA even in the case that your account has been suspended, deactivated and/or marked for deletion.

What are the basics of using Evolution Rehab Group?

Evolution Rehab Group brings licensed, experienced physical therapists to you (“Physical Therapists”) for a physical therapy session (“Session”) in your own home. To schedule an appointment, you may make a request on our website(s) and applications, or via phone. If you install our applications, you may sign up for an account, and select a password and user name (“Evolution Rehab Group User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself (or if you are signing up on behalf of someone else, about the patient). You may not select as your Evolution Rehab Group User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or, if the individual receiving Services is a minor, that you are forming a binding contract on behalf of you and on his or her behalf to use the Services and, to the extent applicable, you hereby grant Evolution Rehab Group permission to treat such minor). Unless a legal exception applies, in the case of a minor less than 18 years of age, a parent or legal guardian must consent to treatment. Unless a legal exception applies, treatment of minors under 16 requires a parent to be present during the treatment session.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

In order to use the Services, you hereby consent to the examination, therapy procedures and therapy care to be performed on you by your Evolution Rehab Group Physical Therapist through the Services.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Florida), you hereby agree to the below:

  • If the patient’s condition falls outside of the PT scope of practice, the PT must refer the patient to, or consult with, a qualified healthcare practitioner.

  • If the PT care plan exceeds 30 days and the condition has not been assessed by a physician of record, then the PT must have a practitioner of record review and sign the plan. However, this does not apply if (1) the patient has been examined by a physician in a different state and diagnosed by the physician as having a condition for which PT is required, and (2) the PT is treating that specific condition.

  • PTs may not implement a treatment plan for patients in an acute care setting such as a hospital, ambulatory surgical center, or mobile surgical facility.

You may receive text messages and telephone calls:

Evolution Rehab Group may periodically contact you by email or text message (including through the use of an automated telephone dialing system) to inform you of programs, services, and other initiatives that may be of interest to you. As such, you agree to allow Evolution Rehab Group to market and/or promote its Services to you. This authorization permits Evolution Rehab Group to use your personal information in order to include you on mailing lists, email lists, text messaging, push notifications, and other forms of electronic communication (including by an automatic telephone dialing system) and to use information in your profile to identify programs that may be of interest to you. You understand that you are not required to provide this consent as a condition of using our Services, and this authorization will remain in effect unless otherwise revoked by you.

You may opt out of receiving marketing and/or promotional text messages and emails by providing notice to us, either by replying to such messages that you wish to unsubscribe or by contacting us at ben@evolution.rehab. Where state law is stricter and prohibits anyone who receives your health information from using or redisclosing it for other purposes without your written authorization, or if applicable law otherwise has more stringent requirements, we will comply with such more stringent legal requirements.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Evolution Rehab Group);

  • Violates any law or regulation, including any applicable export control laws;

  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  • Jeopardizes the security of your Evolution Rehab Group account or anyone else’s (such as allowing someone else to log in to the Services as you);

  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;

  • Attempts to and/or violates the security of any computer network, or cracks any passwords or security encryption codes;

  • Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  • Copies or stores any significant portion of the Content;

  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in Evolution Rehab Group?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Evolution Rehab Group’s) rights.

You understand that Evolution Rehab Group owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do.

Do I have to grant any licenses to Evolution Rehab Group or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users such as your Evolution Rehab Group Physical Therapist and/or the Evolution Rehab Group Concierge. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy. to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Evolution Rehab Group a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then you grant Evolution Rehab Group the licenses above, as well as a license to display, perform, and distribute your feedback for the purpose of improving the Services.

Finally, you understand and agree that Evolution Rehab Group, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Will Evolution Rehab Group ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Evolution Rehab Group cost anything?

Fees

You agree that in consideration of the Services, you hereby individually obligate yourself to pay Evolution Rehab Group in accordance with the rates and terms of Evolution Rehab Group, available via our websites(s) and applications. You are responsible for any deductibles, co-insurance, co-pays or any other non-covered services per your individual insurance policy. If your insurance policy or plan changes during the time of treatment, you must notify us immediately. Failure to do so may result in a balance owed by you.

Insurance and Financial Responsibility

You authorize payment to Evolution Rehab Group of any insurance or other applicable (e.g., Medicare, BCBS) benefits otherwise payable to you or on your behalf for these outpatient services, at a rate not to exceed Evolution Rehab Group’s regular charges. It is agreed that payment to Evolution Rehab Group, pursuant to the authorization, by an insurance company shall discharge said insurance company of any and all obligations under a policy to the extent of such payment. You hereby authorize payment directly to Evolution Rehab Group for any benefits payable to you and/or your qualified dependents under the insurance coverage or Major Medical provisions of insurance coverage identified on bills submitted by Evolution Rehab Group for treatment. It is your responsibility to understand your insurance policy and coverage for therapy services; however, Evolution Rehab Group will make every effort to verify insurance coverage and provide an explanation of benefits. However, we will not be responsible for incorrect information and/or authorization given to us by you or on your behalf. You authorize payment of Medicare benefits to be made on your behalf for all Services furnished by Evolution Rehab Group.

You further agree that you are financially responsible for charges not collected by this agreement, unless otherwise stated by applicable written contract or law. You understand that in some instances your insurance may not cover all treatment charges incurred and You agree to be financially responsible for payments for Services that are not covered/reimbursed by your insurance company.

Good Faith Estimate

You have a right to receive a “Good Faith Estimate” (GFE) of treatment costs. Under certain circumstances, healthcare providers need to give patients who don’t have insurance or who are not using insurance an estimate of the cost for medical items and services, including outpatient rehabilitation services. Depending on when you schedule your service, your provider may be required to provide a GFE within days after you schedule. You can also ask your health care provider for a Good Faith Estimate before you schedule an item or service. If you receive a bill that is substantially more than your GFE, you can dispute the bill. Make sure to save a copy or picture of your GFE. For questions or more information about your right to a Good Faith Estimate, visit www.cms.gov/nosurprises or call 1-800-985-3059.

Payment Method

We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account, such as your bank account or debit or credit card, linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Session in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method and to provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.

Cancellation, No Show, and Credit/Refund Policy

Evolution Rehab Group requires you to cancel your appointment no later than 24 hours prior to your scheduled appointment time. If you are unable to give a 24 hour notice, or if you no show for your appointment, there will be a cancellation fee of $90.00 for each occurrence.

If your Physical Therapist does not show for your scheduled session, we will work with you to reschedule an appointment with another Physical Therapist or provide you a refund.

What if I want to stop using Evolution Rehab Group?

You’re free to do that at any time, by no longer using the Service. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

If you stop using the Service, be aware that records shall be maintained for certain periods of time as required by law.

Evolution Rehab Group is also free to suspend access to your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Evolution Rehab Group has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

For Florida Patients – Did You Know?

The Florida Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
4052 Bald Cypress Way Bin C-05
Tallahassee, FL 32399-3255
1-850-488-0595

Notice of Nondiscrimination

Evolution Rehab Group Care, Inc. (and its affiliates) complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Evolution Rehab Group does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex. As a company, Evolution Rehab Group:

• Provides free aids and services to people with disabilities to communicate effectively with us, such as qualified sign language interpreters and written information in other formats (large print, audio, accessible electronic formats, other formats)

• Provides free language services to people whose primary language is not English, such as qualified interpreters and information written in other languages

If you need these services, contact ben@evolution.rehab. If you believe that Evolution Rehab Group has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with: ben@evolution.rehab (email), 561-900-2423 ext 2 (phone), or 561-600-3011 (fax), 8135 Emerald Winds Cir, Boynton Beach, FL 33473. You can file a grievance in person or by email, fax, or mail. If you need help filing a grievance, ben@evolution.rehab is available to help you. You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at: U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201 1-800-368-1019, 800-537-7697 (TDD) Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.

Payment Processing

Payment processing services for patients and therapists on Evolution Rehab Group are provided by Square and are subject to the Square Account Agreement, which includes the Square Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Evolution Rehab Group Terms of Use or continuing to operate as a patient or therapist on Evolution Rehab Group, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Evolution Rehab Group enabling payment processing services through Stripe, you agree to provide Evolution Rehab Group accurate and complete information about yourself, and you authorize Evolution Rehab Group to share it and transaction information related to your use of the payment processing services provided by Stripe.

What else do I need to know?

Warranty Disclaimer

Neither Evolution Rehab Group nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The Services and Content are provided by Evolution Rehab Group (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Evolution Rehab Group (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $125 or (ii) the amounts paid by you to Evolution Rehab Group in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity

To the fullest extent allowed by applicable law, You agree to indemnify and hold Evolution Rehab Group, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

It is possible that your participation in the Services could result in injury to you. You acknowledge and fully understand that you are engaging in activities that may involve the risk of economic and other damages which might result from your own actions or omissions, from the actions or omissions of other parties, or from any of the activities you are asked to complete during a visit. You further agree that there may be other risks not known or not reasonably foreseeable at this time. Nonetheless, it is your desire to participate in the Services. Accordingly, you release, waive, discharge and covenant not to sue Evolution Rehab Group Care, Inc. (and any of its affiliates) (collectively, "Evolution Rehab Group", "we" and us"), any of its employees, representatives, contractors, officers, directors, shareholders, affiliates, administrators, agents, owners, or lessors of all equipment, all of whom are hereafter referred to as “Releasees”, from demands, losses or damages on account of injuries, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Evolution Rehab Group’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Palm Beach County, FL, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively Palm Beach County, FL. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND EVOLUTION REHAB GROUP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Evolution Rehab Group may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Evolution Rehab Group agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Evolution Rehab Group, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Evolution Rehab Group, and you do not have any authority of any kind to bind Evolution Rehab Group in any respect whatsoever. You and Evolution Rehab Group agree there are no third party beneficiaries intended under these Terms.

USE OF EQUIPMENT

Our therapists will at times have you outside, in the community, and the hallways, common rooms, and we will be indemnified from any issues with any and all equipment and areas utilized that is not properly maintained by omission, commission, or act of nature/degradation.  Our therapists will reasonably do their part in assuring a safe environment, but are not liable for maintaining space or equipment that is not within out base facility at 4705 N Federal Hwy or equipment they bring with them to use.

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