Privacy Policy

(DBA: EvoLife Wellness™)

Last updated: June 1, 2023

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR MOBILE APPLICATIONS.

IMPORTANT NOTE – Our Notice of Privacy Practices is a separate document that governs how protected health information (“PHI”) about you may be used and disclosed in connection with the health care services in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”).

Introduction

This Privacy Policy (the “Privacy Policy”) describes the types of information Optimal Wellness Center, PLLC. and its affiliates, including certain affiliated professional entities (collectively, “ The Optimal Wellness Center,”, “we”, “our”, or “us”) may collect from you or that you may provide when you use the EvoLife Wellness website (“website”), our iOS mobile application (“iOS mobile app”) or our mobile web application that includes our Android mobile application (“mobile web app”) and (collectively the “Platform”). This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. Use of the Platform is governed by this Privacy Policy and our Terms of Service. This Privacy Policy is incorporated into our Terms of Service. All capitalized terms used in this Privacy Policy, but not defined herein, have the meanings assigned to them in the Terms of Service. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by and comply with this Privacy Policy and our Terms of Service. If any term in this Privacy Policy is unacceptable to you, please do not use the Platform or provide any Personal Information. This Privacy Policy may change from time to time and your use of the Platform after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to, be embedded on, or otherwise accessible from or on the Platform. Also, you may be subject to different privacy policies or terms of service for other websites or applications.

Optimal Wellness Center, is committed to protecting your privacy. We provide this Privacy Policy to explain the type of information we collect and to inform you of the specific practices and guidelines that protect the security and confidentiality of personal information.

Information We Collect About You and How It’s Collected

Information About You and Your Health Care Treatment and Payment.

We collect several types of information from and about users of our Platform, including:

– Information by which you may be personally identified, such as name, mailing address, email address, telephone number and account information, postal address, gender, occupation, billing and collection information that you provide to us, information related to your eligibility, or any other information collected on the Platform that is defined as personally identifiable information under applicable law (“Personal Information”).

– Health-related information, such as clinical history and condition, and any other information exchanged in emails, texts, chats or calls between you and Optimal Wellness Center,.

– Information about your Internet connection, the equipment you use to access our Platform, and usage details.

– Information about you, such as whether you are a current user, your product interests, location or demographics, or information related to your inquiry or request.

– Any other information we specifically request.

We collect this information:

– Directly from you when you provide it to us.

– Automatically as you navigate through the Platform (e.g., usage details, IP address, and information collected through cookies, web beacons, and other tracking technologies).

– From third-parties with whom we work to provide you services, such as physicians, medical professionals, and pharmacies.

– We may receive certain information about you through companies that provide us with such information as part of their relationship with us, including Meta, Google Analytics, Google Ads, Chargebee,, Stripe, and other third-party tools. We may also receive information about you from your social media accounts if you use those accounts to sign-in to your account with us.

Information You Give to Us.

The information we collect on or through our Platform may include:

– Information that we collect when you browse our website or download one of our mobile apps. Even without creating an account, we still may collect from you some of the information described in this Section II: INFORMATION WE COLLECT ABOUT YOU AND HOW IT IS COLLECTED

– Information that you provide on our Platform, including information provided when you sign in or register for an account on the Platform or for services provided by one of our affiliates, or through communications with you through the Platform or as a result of any healthcare services.

– Information to process or respond to your inquiries related to requests for treatment, payment, customer service; and when you provide feedback on our Platform, including payment processing information that includes billing information, such as a name, address, email address, and payment card information. When you provide or update your payment processing information, we transmit the payment via an encrypted connection to a third-party credit card processor. The Optimal Wellness Center, does not collect or store your full credit card details.

– Records and copies of your correspondence (including email addresses) if you contact us, such as when you report an issue with our Platform or other services.

– Information that you provide for display or posting on the Platform, including information provided in social media and/or testimonials. If you provide a testimonial, your first name will be posted along with the testimonial. Please remember that testimonials are located in the public areas of our Platform. Do not provide information for display or posting on the Platform that you would not want others to save or share.

– Your search queries on the Platform.

As with many other websites and applications, as you navigate through and interact with our Platform, we may use automatic data tracking technologies to collect certain information about your equipment, browsing actions, and patterns, including:

– Details of your visits to our Platform, including traffic data, location data, logs, language, date and time of access, frequency, and other communication data and the resources that you access and use on the Platform.

– Information about your computer and Internet connection, including your IP address, operating system, host domain, and browser type.

– Details of referring websites (URL). We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically includes statistical data and may also include Personal Information. We may also maintain it or associate it with Personal Information you provide to us or that we collect in other ways or receive from third parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

– Estimate how individuals access and use our Platform.

– Store information about your preferences.

– Speed up your searches.

– Recognize you when you return to our Platform.

As with many other websites and applications, our Platform may use “cookies” or other data tracking technologies (collectively “cookies”) to help us deliver content specific to your interests, to process your requests, and/or to analyze your visiting patterns. We may collect the following types of information about your visit including: the domain from which you access the Internet; IP address; operating system and information about the device or browser used when visiting the Platform; date and time of your visit; content you visited; general location; and website (such as google.com or bing.com) and website referral source (such as email notice or social media site) that connected you to the Platform. Our Platform uses two types of cookies: single-session (temporary) and multi-session (persistent). Temporary cookies last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation through our Platform. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our Platform and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. Cookies, by themselves, will not be used by The Optimal Wellness Center, to disclose your individual identity. This information identifies your browser to our servers when you use the Platform. We also use different types of first- and third-party cookies on the Platform. For example, we use cookies to track user trends and patterns. This helps us better understand and improve areas of the Platform that our users find valuable. We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your browser’s use of our Platform with our social media, advertising and analytics partners. We use the information from cookies to provide services better tailored to our users’ needs.

– Meta Platforms. We use Meta Platforms (including, Facebook and Instagram) (collectively, “Meta”), a web analytics and advertising service provided by Meta on our Site. With its help, we and our customers can keep track of what users do after they see or click on a Meta advertisement, keep track of users who access our Site or advertisements from different devices, and better provide advertisements to our target audiences. The data from Meta is also saved and processed by Meta. Meta can connect this data with your Facebook or Instagram account and use it for its own and others advertising purposes, in accordance with Meta’s Data Policy which can be found at, https://www.facebook.com/about/privacy/. Please click here if you would like to withdraw your consent for use of your data with Meta.

– Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of our Site. Google Analytics uses cookies, to help our Site analyze how users use our Site. You can find out more about how Google uses data by visiting “How Google Uses Data When You Use Our Partners’ Sites or Apps” located at www.google.com/policies/privacy/partners/. For more information, please visit Google and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

– Google Ads. Google Ads remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Ads Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout) for your web browser. Google Ads Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

– Microsoft Bing Ads. Our Site uses Bing Ads technology to collect and store data that is used to track user activity on our Site. On our Site Bing UET tag is integrated. This service enables us to track user activity on our Site when it has reached our Site via advertisements from Bing Ads. If the page visitor reaches our Site via such an ad, a cookie is set on their computer. This cookie enables us to track, among other things, the length of time spent on our Site, which areas of the Site were accessed, and which advertisements reached our Site. The collection of the data generated by the cookie and related to the use of our Site, as well as the processing of this data, can be prevented by deactivating the cookie settings in your browser. In addition, based on the user’s preferences, Microsoft may be able to track usage behavior across multiple electronic devices through cross-device tracking, enabling it to display personalized advertising on or in Microsoft websites and apps. This behavior can be disabled by the site visitor at https://choice.microsoft.com/en-us/opt-out. For more information on Bing analytics services, visit the Bing Ads Website. For more information about privacy at Microsoft and Bing, see the Microsoft Privacy Bing Ads Website Policy.

– Mixpanel. Mixpanel is provided by Mixpanel, Inc. (“Mixpanel”) and is used to provide analytics about our Site application. You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of the Mixpanel service please visit Mixpanel’s site, at https://help.mixpanel.com/hc/en-us/articles/360000679006-Managing-Personal-Information. For more information on what type of information Mixpanel collects, please visit Mixpanel’s terms of use, https://mixpanel.com/legal/terms-of-use/.

– Paypal and Quickbooks Pro. We use PayPal as our payment processor. In order to allow Paypal to function properly, a cookie is stored on your browser, which assists Paypal in detecting and preventing fraud. These are considered session cookies and typically only remain on your browser for 24 hours. For more information on Paypal, please visit their privacy policy at https://www.paypal.com/us/legalhub/privacy-full

– Other Third-Party Tools. We use other third-party tools that allow us to track the performance of our Site. These tools provide us with information about errors, app and website performance, and other technical details we may use to improve our Site and/or our Service.

Advertising: We may use data about how you browse and shop in order to show you ads for The Optimal Wellness Center, or our advertising partners that are relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you, and ad networks to which we belong may use your browsing activity across participating websites to show you interest-based advertisements on those websites. Interest-based ads are ads presented to you based on your browsing behavior to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Platform or third-party sites not owned by The Optimal Wellness Center,. Currently, we do not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. If you would like more information about these practices, please click, https://optout.aboutads.info/#!/.

We may also collect data by using “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “pixel tags”) that allow us to know when you visit our Platform. Through pixel tags, we collect non-Personal Information or aggregate information that can be used to enhance your online experience and understand traffic patterns.

Information We Receive From Other Sources.

This is information we receive about you if you use any of the other websites we operate or other services we provide. We sometimes work with third parties and they sometimes provide information about you. We obtain information from such third-parties with whom we work to provide you with certain services (including, for example, sub-contractors, analytics providers, advertising networks, and search information providers, or third parties who share your information to provide health care services to you, such as a medical provider including your information when they message or communicate with other medical providers or The Optimal Wellness Center,).

In addition, we may use third-party providers to serve or track interactions on other websites. You may link to or access our Platform using other third-party websites. Use of such third-party websites is subject to the terms of service and privacy policies of those third parties. The Optimal Wellness Center, does not control the use of third-party technology or the resulting information and is not responsible for any actions or policies of such third parties.

Where permitted by applicable law, we may also receive Personal Information about you from third-party sources (e.g., lead generators) to determine whether an The Optimal Wellness Center, product or service is right for you and to send promotional emails to customers and prospective customers.

We may combine information we receive from other sources with information you give to us and information we collect about you. Depending on the types of information received, we will use the information received from other sources or the combined information for the purposes described in Section III: HOW WE USE YOUR INFORMATION.

III. How We Use Your Information

We may use information collected about you, including Personal Information, in the following ways:

– To complete any registration or other transactions or actions you request online, such as payment processing, including determining eligibility, use, and other benefits.

– For treatment, payment, or healthcare operational purposes.

– To communicate with you about our healthcare services and information, products, and services that you request from us (which may include telephone, voicemail, email, SMS/text messages, or notifications within the Platform).

– To contact you if you receive healthcare services resulting from your use of the Platform.

– To administer your account, including processing your payments and fulfilling your orders if you receive healthcare services resulting from your use of the Platform.

– To operate the Platform and perform any services associated with the Platform, including providing you with technical support and to improve the Platform and our products and services.

– To provide you with information that you have requested or to respond to your inquiries.

– To create de-identified information that cannot be used to personally identify you, such as aggregate statistics relating to the use of our service

– To measure or understand the effectiveness of communications (including advertising) that we send to you and others, and to deliver relevant communications to you and to provide you with communications from The Optimal Wellness Center,, surveys, newsletters, and other information.

– To better understand our audience.

– To enhance the safety and security or performance of our products and services. This includes verifying your identity, preventing or detecting fraud or other unauthorized or illegal activities.

– To design, develop, and communicate with you about our features, products, and services, or, subject to any consents or authorizations that are required by applicable law, those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.

– To notify you about changes to our services or the Platform.

– To enforce this Privacy Policy and any other terms that you have agreed to, including to protect the rights, property, or safety of us or any other person, or the copyright-protected content of the Platform.

– For any purpose where you have given your consent (where legally required).

– To comply with applicable federal, state, and other laws and regulations.

Disclosure of Your Information

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy as follows:

– For treatment, payment, or healthcare operations purposes.

– To anyone authorized under this Privacy Policy or pursuant to any other consent or authorization that you may provide.

– To service providers that assist us in the maintenance, improvement, and optimization of our Platform, such as service providers that help us run and maintain the technology and security infrastructure that support our Platform or that provide services such as email delivery, auditing, and similar services.

– To medical providers, including without limitation, physicians, healthcare facilities and organizations, pharmacies, and laboratories that provide any services to you, including medical providers with whom you communicate and/or medical providers who review your information in providing healthcare services to you. You acknowledge and agree that when medical providers provide services to you, the medical providers and all personnel of their professional entities may see any information you provide.

– To The Optimal Wellness Center, and its affiliated professional entities’ employees, or other third parties who provide services to The Optimal Wellness Center, or an affiliated professional entity.

– To our affiliates and their employees, including for the purpose of posting information or notifications about healthcare services in your account.

– To fulfill the purpose for which you provide it. For example, if you sign up for certain services, we may share your information in order to provide those services.

– To third-party credit card processors via an encrypted connection so that they can process any payments by you.

– To any third-parties we believe necessary or appropriate to comply with applicable laws.

– To entities that assist us with marketing and advertising.

– For any other purpose disclosed by us when you provide the information or with your consent.

– If we are under a duty to disclose or share your Personal Information in order to comply with applicable law.

– If we are under a duty to disclose or share your Personal Information to comply with any legal obligation, or in order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of The Optimal Wellness Center,, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

– With respect to de-identified information, for any purpose without restriction.

– In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third-parties information concerning your relationship with us, including, without limitation, Personal Information that you provide and other information concerning your relationship with us.

– For any purpose related to our use of information as set forth in Section III: HOW WE USE YOUR INFORMATION.

Options About How We Use And Disclose Your Information

We strive to provide you with options regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your information:

– Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Platform may then be inaccessible or may not function properly.

– Do Not Track. We do not currently respond to “do not track” signals.

– Promotional Offers from The Optimal Wellness Center,, its affiliates, or third-party partners. If you do not wish to have your contact information used by The Optimal Wellness Center, to promote our own products or services, you can unsubscribe by sending a message to [email protected]. If you are receiving email from The Optimal Wellness Center, or from one of our third-party partners, but do not have an account with us, you can unsubscribe at the bottom of the email. If you are not able to unsubscribe online through one of those methods, please contact us and we can handle your request. You can also always exercise your right to ask us not to process your Personal Information for marketing purposes by contacting us at the address in Section XI (Contact Information). If we have sent you a promotional email, you may unsubscribe by clicking in the unsubscribe link in the bottom of the email.

– Mobile Alerts. By providing your mobile number to us, you agree to be contacted by or on behalf of The Optimal Wellness Center, and its affiliates, including our medical organizations, at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Platform or services we provide, and you recognize and acknowledge that text messaging is an inherently less secure method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. For help regarding the communications we exchange with you using your phone number, reach our customer care center at xxx-xxx-xxxx or [email protected]

– SMS Marketing. By consenting to receive marketing text messages, which are subject to separate consent terms, you consent to receive recurring marketing text messages, which may relate to your health consultation and treatment that you receive through The Optimal Wellness Center,.

– Social Media Account Sign On. To the extent that you choose to use a social media account application (such as Google, Facebook, or Apple) to create your online account on the Site or otherwise sign into the Site, you understand that if another person has access to your social media account, they will also have access to your account on the Site. That means that another person could access any personal information contained on the Site. It’s your decision about whether to give another person access to your social media account and whether to use that account to sign on to the Site. Additionally, if you use a social media account application to sign into the Site, you understand that the social media account application may send information from your social media account to The Optimal Wellness Center,..

Data Security

We have implemented measures designed to reasonably secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. The information you share in public areas may be viewed by any user of the Platform.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk.

When you use our Platform there is a risk that your PHI will be stored unencrypted on your mobile device. We take a variety of technical safeguards to make sure that your PHI does not leak onto your mobile device but we cannot guarantee that these safeguards work.

VII. Third-Party Platforms

Our Platform may contain links or references to other websites outside of our control. Please be aware that this Privacy Policy does not apply to third-party websites. The Optimal Wellness Center, encourages you to read the privacy statements and terms of service of linked or referenced websites you enter. These third-party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit Personal Information. The Optimal Wellness Center, DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD-PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.

VIII. No Services To Persons Under The Age of 18

The Optimal Wellness Center, does not knowingly provide services to minors under 18

California Resident Privacy Rights

If you are a resident of California, the California Consumer Privacy Act (“CCPA”) provides you with additional rights regarding your Personal Information. This section describes the Personal Information we collect about you, how we use and disclose it, and how you can exercise your privacy rights under the CCPA.

Your privacy rights under the CCPA do not apply to all information that we might collect, use or disclose. For example, the CCPA does not apply to PHI governed by HIPAA, “medical information” governed by the California Confidentiality of Medical Information Act (“CMIA”), or other patient information we maintain in the same manner as PHI or “medical information.” The CCPA also excludes other categories of information. When we collect, use or disclose information not covered by the CCPA, we do so as described in this Privacy Policy (excluding this Section IX) and our Notice of Privacy Practices. If you would like to learn more about how we collect, process, or disclose your information that is not covered by the CCPA, or to exercise the rights that may be available to you under HIPAA and other laws, please review this Privacy Policy (excluding this Section IX) and our Notice of Privacy Practices.

For your Personal Information covered by the CCPA, your rights are described below.

Personal Information Disclosures

In the last twelve (12) months, we have collected the following categories of Personal Information about you:

– Identifiers (e.g., name, mailing address, email address, and telephone number, as well as unique identifiers such as your IP address, cookies or similar data)

– Characteristics of protected classifications under California or Federal law (e.g., your gender or age)

– Internet or Other Electronic Network Activity Information (e.g., browsing history, activity, and service pages visited to help you get started, and information regarding your interactions with our Platform)

– Geolocation Data

– Professional or employment-related information (e.g., your occupation)

– Audio, electronic or similar information when you contact our customer care center by phone

– Inferences drawn from the information identified above

We collect this Personal Information directly from you when you provide it to us; automatically as you navigate through the Platform; or from third party sources to help us determine whether an The Optimal Wellness Center, product or service is right for you and to send promotional emails and/or text messages to customers and prospective customers. For more information about the sources from which we collect your Personal Information, please see Section II: INFORMATION WE COLLECT ABOUT YOU AND HOW IT IS COLLECTED above.

We collect and use your Personal Information for our own operational purposes to provide services to you; audit interactions on the Platform; secure our Platform and detect, protect, and investigate against security incidents; or improve our Platform (e.g., identify bugs, repair errors, and ensure that services function as intended). For more information about the purposes for which we use your Personal Information, please see Section III: HOW WE USE YOUR INFORMATION above.

The Personal Information we disclose is described in Section IV: DISCLOSURE OF YOUR INFORMATION above. In the last twelve (12) months, we have disclosed certain information to third parties (such as our service providers) as set out below for a business or operational purpose:

Categories of Personal Information

Categories of Third-Parties

– Identifiers (e.g., such as your email address, IP address, account login information, cookies or similar data)

– Service providers who provide professional or technical support functions; Professional service organizations; Analytics providers for our Platform.

– Internet or other similar network activity (e.g., browsing history, activity, and service pages visited to help you get started, search history, and information regarding your interactions with our Platform)

– Service providers who provide professional or technical support functions; Analytics providers for our Platform.

– Geolocation data

– Service providers who provide professional or technical support functions; Analytics providers for our Platform.

Like many organizations, we engage third-parties to help deliver interest-based advertisements to you and may make use of third-party tracking technologies or other online marketing services. In doing so, we may make available or transfer your Personal Information (e.g., Identifiers such as your IP address, Geolocation data, and Internet or other similar network activity) to third-parties, such as advertising agencies, advertising services, analytics providers, sponsored content providers, social media platforms, and other similar technology companies. In certain cases, sharing data with these providers could be considered a “sale” under CCPA even though it is not a sale in the traditional sense. In the prior twelve (12) months, we may have sold (as defined by the CCPA) or disclosed for consideration certain categories of your Personal Information.

III. California Resident Privacy Rights

If you are a California resident, you have the following rights:

– Right to Know: You have the right to know about the Personal Information we collect, use, and disclose about you in the twelve (12) months preceding your request. Upon verifying your identity, we will provide you with the specific pieces of Personal Information we have collected about you. We also will disclose the categories of Personal Information we have collected about you and purposes for doing so; the categories of sources of that data; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so; and the categories of third parties to whom we sold Personal Information and our purposes for doing so.

– Right to Deletion: You have the right to request that we delete the Personal Information we collect about you. We will honor your request unless an exception applies, such as when the information is necessary to complete the transaction or contract for which it was collected.

– Right to Opt-out of the Sale: You have the right to request that we do not sell your Personal Information to third parties. While we do not “sell” your data in the traditional sense, the CCPA defines this term broadly to include our use of certain third-party advertising and marketing services as described above.

– Right to Non-Discrimination: We do not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including discrimination in the form of: denying you goods or services; charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing you a different level of quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.

How to Exercise Your Privacy Rights

– For “Right to Know” and “Right to Deletion” requests, visit and complete a request by writing to the Compliance Officer by writing to [email protected]. We must verify your identity or authority to make the request and confirm the Personal Information relates to you, or others. To do so, we collect your name, e-mail address, phone number to verify your identity. We also may contact you by e-mail or by telephone to verify your identity and ask you additional questions so that we can match your identity with the data we have about you. In some instances, we may ask you to declare under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

– You also may designate an authorized agent to make a request for you. To use authorized agent, you or your authorized agent must:

submit proof that the authorized agent is registered with the California Secretary of State and that you have authorized be able to act on your behalf,

submit evidence that you have provided the authorized agent with power of attorney pursuant to the California Probate Code, or

provide the authorized agent written and signed permission to act on your behalf, verify your identity with us, and directly confirm with us that you have provided the authorized agent permission to submit the request.

We may deny a request from an authorized agent who does not submit sufficient proof to act on your behalf.

– For “Right to Opt-out of the Sale” requests, please note that we collect cookies on our website, our iOS mobile app, and our mobile web app, and each requires a separate opt-out from you. You may request to opt-out of these cookies on this website by clicking CCPA Do Not Sell My Personal Information and changing your cookie settings, by clicking the “CCPA Do Not Sell My Personal Information” link from the footer of this website and modifying your cookie settings. You may request to opt-out of the cookies in our mobile web app, which includes our Android mobile application, by clicking on the “CCPA: Do Not Sell My Personal Information” link from the mobile web app services landing page and modifying your cookie settings. You may request to opt out of these cookies in our iOS app by going to your iOS Settings > The Optimal Wellness Center, and turning “Allow Tracking” off or by clicking on the “CCPA: Do Not Sell My Personal Information” link from the The Optimal Wellness Center, services screen and following instructions. Please note: for iOS app users who currently use a version of iOS that predates iOS 14, your operating system will not function as described above. We have turned off all third-party Targeting Cookies for you until you update to iOS 14. Please refer to Section V: CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION for more information about other choices you may have for managing the collection of your Personal Information for analytics and advertising purposes.

Revisions to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. The date this Privacy Policy was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically monitoring and reviewing any updates to this Privacy Policy. Your continued use of our Platform after such amendments will be deemed your acknowledgment of these changes to this Privacy Policy.

Contact Information

If you have any questions or comments about this Privacy Policy and our privacy practices, please message us through the Platform or contact us at:

Privacy Officer

For Florida Residents with questions or comments about this Privacy Policy and the CCPA, please contact us at: [email protected]

Optimal Wellness Center, PLLC.™

Notice of Privacy Practices

(DBA: EvoLife Wellness™)

Last updated: April 21, 2023

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Who We Are

This Notice of Privacy Practices (“Notice”) describes the privacy practices of Optimal Wellness Center, PLLC. and its affiliates, including certain affiliated professional entities and Asklepios, their physicians, health care practitioners, and other personnel (“we” or “us”).

Our Privacy Obligations

We are required by law to maintain the privacy of your health information (“Protected Health Information” or “PHI”) and to provide you with this Notice of our legal duties and privacy practices with respect to your PHI. We are also obligated to notify you following a Breach of unsecured PHI. When we use or disclose your PHI, we are required to abide by the terms of this Notice (or other notice in effect at the time of the use or disclosure).

III. Permissible Uses and Disclosures Without Your Written Authorization

In certain situations, which we describe in Section IV below, we must obtain your written authorization in order to use and/or disclose your PHI. We do not need any type of authorization, however, for the following uses and disclosures:

Uses and Disclosures For Treatment, Payment and Health Care Operations. We may use and disclose PHI, but not your “Highly Confidential Information” (defined in Section IV.B below), in order to treat you, obtain payment for services provided to you, and conduct our “Healthcare Operations” as detailed below:

Treatment. We may use and disclose your PHI to provide treatment, for example, to diagnose and treat your injury or illness. We may also disclose PHI to other health care providers involved in your treatment.

Payment. In most cases, we may use and disclose your PHI to obtain payment for services that we provide to you.

Healthcare Operations. We may use and disclose your PHI for our healthcare operations which include internal administration and planning and various activities that improve the quality and cost effectiveness of the care that we deliver to you. For example, we may use PHI to evaluate the quality and competence of our physicians and other health care practitioners. We may also disclose PHI in order to resolve any complaints you may have.

We may also disclose PHI to your other healthcare providers when such PHI is required for them to treat you, receive payment for services they render to you, or conduct certain healthcare operations, such as quality assessment and improvement activities, reviewing the quality and competence of healthcare professionals, or for health care fraud and abuse detection or compliance.

Disclosure to Relatives, Close Friends and Other Caregivers. We may use or disclose your PHI to a family member, other relative, a close personal friend, or any other person identified by you when you are present for, or otherwise available prior to the disclosure, if we (1) obtain your agreement; (2) provide you with the opportunity to object to the disclosure and you do not object; or (3) reasonably infer that you do not object to the disclosure.

If you are not present, or the opportunity to agree or object to a use or disclosure cannot practicably be provided because of your incapacity or an emergency circumstance, we may exercise our professional judgment to determine whether a disclosure is in your best interests. If we disclose information to a family member, other relative or a close personal friend, we would disclose only information that we believe is directly relevant to the person’s involvement with your health care or payment related to your health care. We may also disclose your PHI in order to notify (or assist in notifying) such persons of your location, general condition, or death.

Public Health Activities. We may disclose your PHI for the following public health activities: (1) to report health information to public health authorities for the purpose of preventing or controlling disease, injury or disability; (2) to report child abuse and neglect to public health authorities or other government authorities authorized by law to receive such reports; (3) to report information about products and services under the jurisdiction of the U.S. Food and Drug Administration; (4) to alert a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition; and (5) to report information to your employer as required under laws addressing work-related illnesses and injuries or workplace medical surveillance.
Victims of Abuse, Neglect or Domestic Violence. If we reasonably believe you are a victim of abuse, neglect or domestic violence, we may disclose your PHI to a governmental authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect, or domestic violence.
Health Oversight Activities. We may disclose your PHI to a health oversight agency that oversees the health care system and is charged with responsibility for ensuring compliance with the rules of government health programs, such as Medicare or Medicaid.
Judicial and Administrative Proceedings. We may disclose your PHI in the course of a judicial or administrative proceeding in response to a legal order or other lawful process.
Law Enforcement Officers. We may disclose your PHI to the police or other law enforcement officials as required or permitted by law or in compliance with a court order or a grand jury or administrative subpoena.
Decedents. We may disclose your PHI to a coroner, medical examiner, or funeral director as authorized by law.
Research. We may use or disclose your PHI without your consent or authorization if an Institutional Review Board or Privacy Board approves a waiver of authorization for disclosure.
Health or Safety. We may use or disclose your PHI to prevent or lessen a serious and imminent threat to a person’s or the public’s health or safety.
Specialized Government Functions. We may use and disclose your PHI to units of the government with special functions, such as the U.S. military or the U.S. Department of State under certain circumstances.
Workers’ Compensation. We may disclose your PHI as authorized by and to the extent necessary to comply with state law relating to workers’ compensation or other similar programs.
As Required By Law. We may use and disclose your PHI when required to do so by any other law not already referred to in the preceding categories.
Uses and Disclosures Requiring Your Written Authorization
Use or Disclosure with Your Authorization. We must obtain your written authorization for uses and disclosures of PHI for marketing purposes and disclosures that constitute the sale of PHI. Additionally, other uses and disclosures of PHI not described in this Notice will be made only when you give us your written permission on an authorization form (“Your Authorization”). For instance, you will need to complete and sign an authorization form before we can send your PHI to your life insurance company or to the attorney representing the other party in a lawsuit in which you are involved.
Uses and Disclosures of Your Highly Confidential Information. Federal and state law requires special privacy protections for certain highly confidential information about you (“Highly Confidential Information”). This Highly Confidential Information may include the subset of your PHI that: (1) is about mental health and developmental disabilities services; (2) is about alcohol and drug abuse prevention, treatment and referral; (3) is about HIV/AIDS testing, diagnosis or treatment; (4) is about sexually-transmitted disease(s); (5) is about genetic testing; (6) is about child abuse and neglect; (7) is about domestic abuse of an adult with a disability; or (8) is about sexual assault. In order for us to disclose your Highly Confidential Information for a purpose other than those permitted by law, we must have Your Authorization.
Revocation of Your Authorization. You may withdraw (revoke) your Authorization, or any written authorization, regarding your Highly Confidential Information (except to the extent that we have taken action in reliance upon it) by delivering a written statement to the Privacy Officer identified below. A form of written revocation is available upon request from the Privacy Officer.
Your Rights Regarding Your Protected Health Information
For Further Information and Complaints. If you would like more information about your privacy rights, if you are concerned that we have violated your privacy rights, or if you disagree with a decision that we made about access to your PHI, you may contact our Compliance and Privacy Officer. Also, you may make a complaint by calling our hotline at 1-833-422-6675. You may also file written complaints with the Director, Office for Civil Rights of the U.S. Department of Health and Human Services. Upon request, the Compliance and Privacy Officer will provide you with the correct address for the Director. We will not retaliate against you if you file a complaint with us or the Director.
Right to Request Additional Restrictions. You have the right to request a restriction on the uses and disclosures of your PHI (1) for treatment, payment and health care operations purposes, and (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved in your care or with payment related to your care. For example, you have the right to request that we not disclose your PHI to a health plan for payment or healthcare operations purposes, if that PHI pertains solely to a health care item or service for which we have been involved and which has been paid out of pocket in full. Unless otherwise required by law, we are required to comply with your request for this type of restriction. For all other requests for restrictions on use and disclosures of your PHI, we are not required to agree to your request, but will attempt to accommodate reasonable requests when appropriate. If you wish to request additional restrictions, please obtain a request form from and return the form to our Compliance and Privacy Officer. We will subsequently respond to your request with a written response.
Right to Receive Confidential Communications. You may request, and we will accommodate, any reasonable written request for you to receive your PHI by alternative means of communication or at alternative locations.
Right to Inspect and Copy Your Health Information. You may request access to your medical record file and billing records maintained by us in order to inspect and request copies of the records. Under limited circumstances, we may deny you access to a portion of your records. If you would like to access your records, please request a Release of Information Form from the Privacy Officer and submit the completed form to [email protected] If you request copies, we will charge you a cost-based fee that includes (1) labor for copying the PHI; (2) supplies for creating the paper copy or electronic media if you request an electronic copy on portable media; (3) our postage costs, if you request that we mail the copies to you; and (4) if you agree in advance, the cost of preparing an explanation or summary of the PHI.
Right to Request to Amend Your Records. You have the right to request that we amend PHI maintained in your medical record file or billing records. If you desire to amend your records, please obtain an Amendment Request Form from the Compliance and Privacy Officer and submit the completed form to [email protected]. We will comply with your request unless we believe that the information that would be amended is accurate and complete or other special circumstances apply.
Right to Receive An Accounting of Disclosures. Upon request, you may obtain an accounting of certain disclosures of your PHI made by us during any period of time prior to the date of your request provided such period does not exceed six years. If you request an accounting more than once during a twelve (12) month period, we will charge you a reasonable fee for additional accountings of disclosure, and will inform you in advance of any fee to provide you with an opportunity to withdraw or modify the request.
Right to Receive A Copy of this Notice. Upon request, you may obtain a copy of this Notice, either by email or in paper format. Please submit your request to:

Optimal Wellness Center, PLLC.
ATTN: Privacy Officer
7777 Glades Rd. Suite 100, Boca Raton, FL 33434
Email: [email protected]

Effective Date and Duration of This Notice
Effective Date. This Notice is effective on May 21, 2023
Right to Change Terms of this Notice. We may change the terms of this Notice at any time. If we change this Notice, we may make the new notice terms effective for all Protected Health Information that we maintain, including any information created or received prior to issuing the new notice. If we change this Notice, we will post the new notice on our website at www.EvoLifeWellness.com You also may obtain any new notice by contacting [email protected]

VII. Privacy Officer

You may contact the Privacy Officer at:

Optimal Wellness Center, PLLC.
ATTN: Privacy Officer
7777 Glades Rd., Suite 100, Boca Raton, FL 33434
Email: [email protected]

Important Safety Information

Medication Information

Please read the information linked below. It contains important warnings from the FDA in relation to medications you may be prescribed. If you have any questions, please speak to your provider or other licensed healthcare professional.

Please note: Most medications prescribed via EvoLife Wellness are compounded medications. While compounded medications are made exclusively in licensed pharmacies, their efficacy and safety profile cannot be directly compared to commercial drugs. Talk to your provider about the specific risks and benefits that may come with the use of a compounded medication. The following list of safety data is provided solely for convenience and should not be relied upon in relation to the safety and efficacy profile of any compounded medications.

Medical Weight Management Medications

Hormone Replacement Therapy Medications

Testosterone Cypionate (Active Pharmaceutical Ingredient in Depo® -Testosterone)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2018/085635s040lbl.pdf

Anastrozole (Active Pharmaceutical Ingredient in Arimidex®)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2011/020541s026lbl.pdf

Clomiphene Citrate (Active Pharmaceutical Ingredient in Clomid®)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2012/016131s026lbl.pdf

Insomnia Medications

Hydroxyzine Pamoate (Active Pharmaceutical Ingredient in Vistaril®)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2014/022411s008lbl.pdf

Trazadone (Active Pharmaceutical Ingredient in Oleptro®)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2011/020541s026lbl.pdf

Mirtazapine (Active Pharmaceutical Ingredient in Remeron®)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2010/020415s023s024.pdf

Zolpidem (Active Pharmaceutical Ingredient in Ambien®)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2008/019908s027lbl.pdf

Miscellaneous Medications

Cyanocobalamin (Vitamin B12)

Please See: https://www.accessdata.fda.gov/drugsatfda_docs/label/2021/080737Orig1s040lbl.pdf

Medical Consent

Optimal Wellness Center, PLLC.™

Medical Consent

(DBA: EvoLife Wellness™)

Last updated: February 23rd, 2022 (v 1.0.0)

WE ARE NOT A REPLACEMENT FOR EMERGENCY MEDICAL SERVICES. IF YOU HAVE A MEDICAL EMERGENCY SEEK EMERGENCY MEDICAL CARE IMMEDIATELY IN-PERSON OR DIAL 911 OR YOUR LOCAL EMERGENCY NUMBER.

We may change these terms at any time, as required by law. This may include changing, adding, or removing terms. We may do this in response to legal, business, competitive environments or other reasons not listed here.

Telehealth Consent

Telehealth is the type of care that allows clients to access behavioral health services using audio-video interfaces such as videoconferencing.

Electronic systems used will incorporate network and software security protocols to protect the confidentiality of client identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Expected Benefits:

Improved access to behavioral health care by enabling a client to receive services across distances and between programs.
More efficient behavioral health care including psychiatric evaluation and management.
Obtaining expertise of a distant specialist.
Maintaining connections with established providers in other areas.

Possible Risks:

As with any medical procedure, there are potential risks associated with the use of telehealth for behavioral health treatment. These risks include, but may not be limited to:

In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision making by the physician or other clinical staff.
Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment.
In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgmental errors.

By consenting to these forms, I understand the following:

I understand that the laws that protect privacy and the confidentiality of medical information also apply to telehealth, and that no information obtained in the use of telehealth which identifies me will be disclosed to researchers or other entities without my consent.
I understand that I have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time, without affecting my right to future care or treatment.
I understand that I have the right to inspect all information obtained and documented in the course of a telehealth interaction, and may receive copies of this information for a reasonable fee.
I understand that a variety of alternative methods of behavioral health care may be available to me, and that I may choose one or more of these at any time.
I understand that it is in my best interest to inform my psychiatrist or other clinical staff of any other healthcare providers involved in my medical/psychiatric care.
I understand that I may expect the anticipated benefits from the use of telehealth in my care, but that no results can be guaranteed or assured.

Client Consent to the Use of Tele-health

I have read and understand the information provided above regarding telehealth, have discussed it with my psychiatrist or other clinical staff as may be designated, and all of my questions have been answered to my satisfaction. I hereby give my informed consent for the use of telehealth in my behavioral health care. I have been offered a copy of this form for my personal records.

My continued use of the services constitutes my understanding and acceptance of the above terms and I hereby authorize the use of tele-health in the course of my diagnosis and treatment.

HIPAA Consent

The Health Insurance Portability and Accountability Act (HIPAA) provides safeguards to protect your privacy. Implementation of HIPAA requirements officially began on April 14, 2003. This form is a “friendly” version. A more complete text is available in the office and online.

What this is all about: Specifically, there are rules and restrictions on who may see or be notified of your Protected Health Information (PHI). These restrictions do not include the normal interchange of information necessary to provide you with office services. HIPAA provides certain rights and protections to you as the patient. We balance these needs with our goal of providing you with quality professional service and care. Additional information is available from the U.S. Department of Health and Human Services. www.hhs.gov

We have adopted the following policies:

Patient information will be kept confidential except as is necessary to provide services or to ensure that all administrative matters related to your care are handled appropriately. This specifically includes the sharing of information with other healthcare providers, laboratories, health insurance payers as is necessary and appropriate for your care. Patient files may be stored in open file racks and will not contain any coding which identifies a patient’s condition or information which is not already a matter of public record. The normal course of providing care means that such records may be left, at least temporarily, in administrative areas such as the reception office, examination room, etc. Those records will not be available to persons other than office staff and third-party providers. You agree to the normal procedures utilized within the office for the handling of charts, patient records, PHI and other documents or information.
It is the policy of this office to remind patients of their appointments. We may do this by telephone, e-mail, U.S mail, or by any means convenient for the practice and/or as requested by you. We may send you other communications informing you of policy or procedure changes that you might find valuable or informative.
The practice utilizes a number of vendors in the conduct of business. These vendors may have access to PHI but must agree to abide by the confidentiality rules of HIPAA.
You understand and agree to inspections of the office and review of documents which may include PHI by government agencies or insurance payers in normal performance of their duties.
You agree to bring any concerns or complaints regarding privacy to the attention of the office manager or the doctor.
Your confidential information will not be used for the purposes of marketing or advertising of products, goods or services.
We agree to provide patients with access to their records in accordance with state and federal laws.
We may change, add, delete or modify any of these provisions to better serve the needs of the both the practice and the patient.
You have the right to request restrictions in the use of your protected health information and to request change in certain policies used within the office concerning your PHI. However, we are not obligated to alter internal policies to conform to your request.My continued use of the services constitutes my understanding and acceptance of the above terms set forth in the HIPAA INFORMATION FORM and any subsequent changes in office policy. I understand that this consent shall remain in force from this time forward.

Financial Consent

I understand and accept the terms in order to render services that a credit card must be kept on file and that any remaining balances for services rendered shall be paid in full. I authorize Optimal Wellness Center, PLLC. (DBA: EvoLife Wellness), to submit on my behalf and the release of any medical records or other information necessary to process my consultation order. Fee schedules and receipts for all professional services are available upon request.

I authorize Optimal Wellness Center, PLLC. (DBA: EvoLife Wellness), to make invoice changes and debit my account for orders placed, goods received, and/or services rendered not fully covered by third party vouchers or credits. I authorize Optimal Wellness Center, PLLC. (DBA: EvoLife Wellness), to charge my credit card account upon any unpaid balances due. All programs are auto-renewing and I consent to be automatically charged for any program I am a part of unless I explicitly request to cancel before my payment is processed. There are no refunds or exchanges. I certify that I am an authorized user of this credit card and that I will not dispute the payments with my credit card company.

Shipping Authorization

All prescription medications dispensed by Evolife Wellness Services are dispensed according to state and federal law with the approval of the pharmacist in charge and in compliance with all laws applicable from the relevant Medical Boards and State Boards of Pharmacy. The customer requesting shipping disclaims and agrees to hold harmless Optimal Wellness Center, PLLC. (DBA: EvoLife Wellness), for any delays or errors during the shipping process. Medication is considered dispensed and the order completed when it is signed out for shipping, not when it arrives via delivery.

My continued use of the services constitutes my understanding and acceptance of the above terms and I give permission for Optimal Wellness Center, PLLC. (DBA: EvoLife Wellness) to ship medication to me at the address provided in my intake form or any other address given by me to the company, and agree to all of the conditions listed above.

Bill of Rights

501.0575

Weight-Loss Consumer Bill of Rights.

(1) The Weight-Loss Consumer Bill of Rights shall consist of the following provisions:

(A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 11/2 POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

(B) CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.

(C) ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.

(D) QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON REQUEST.

(E) YOU HAVE A RIGHT TO:

1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.

2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.

3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.

4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM ACCORDING TO s. 468.505(1)(j), FLORIDA STATUTES.

(2) The copies of the Weight-Loss Consumer Bill of Rights to be posted according to s. 501.0573(6) shall be printed in at least 24-point boldface type on one side of a sign. The palm-sized copies to be distributed according to s. 501.0573(5) shall be in boldface type and legible. Each weight-loss provider shall be responsible for producing and printing appropriate copies of the Weight-Loss Consumer Bill of Rights.History.—s. 4, ch. 93-274; s. 45, ch. 2000-154.

https://www.flsenate.gov/Laws/Statutes/2015/501.0575

Terms and Conditions

Optimal Wellness Center, PLLC.™

Terms and Conditions

(DBA: EvoLife Wellness™)

Last updated: May 21, 2023

EvoLife Wellness IS CONTEMPLATED FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR YOUR LOCAL MEDICAL PROVIDER

This User Agreement (collectively with Optimal Wellness Center, PLLC Privacy Policy applies to your use of all sites, mobile sites, and mobile applications (collectively, the “Sites”) to which this User Agreement is linked, and the services, features, content or applications (together with the Sites, the “Services”) offered by Optimal Wellness Center, PLLC. and our affiliated brands (“Optimal Wellness Center,” “we,” “us,” or “our”) on the Sites. Please read this User Agreement carefully as it sets forth the legally binding terms and conditions for your use of our Services.

THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION IN SECTION XXI WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR MOBILE APPLICATION.

Introduction

These Terms of Use (the “Terms”) describe your rights and responsibilities regarding the EvoLife Wellness website and mobile application (the “Platform”) owned and operated by Optimal Wellness Center, PLLC. In these Terms, “we”, “our”, “us”, “EvoLife Wellness”, and “EvoLife Wellness” collectively refer to Optimal Wellness Center, PLLC. and any subsidiaries and affiliations. The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

Even though you may have arrived at the Platform through a website or mobile application operated or controlled by a third party, including by an affiliate of Optimal Wellness Center, you understand and agree that these Terms are entered into between you and EvoLife Wellness, PLLC.. You also understand and agree that the Platform and any services provided through these Terms, except the Healthcare Services described herein, are provided by EvoLife Wellness or an Optimal Wellness Center, subsidiary.

You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with Optimal Wellness Center, and engage in health-oriented activities with health professionals and professional entities affiliated with Optimal Wellness Center, and such processes have the same force and effect as your written signature. You agree and consent to Optimal Wellness Center, EvoLife Wellness, affiliates, and certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

This Agreement establishes the important terms to which you need to know and understand as well as the Services to which you are requesting

Modification of Terms

This agreement is subject to changes as explained below.

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.

III. Description of Optimal Wellness Center, PLLC. dba EvoLife Wellness.

You understand and agree that the Platform is intended to facilitate the following services (the “Services”): (a) the development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating optional fulfillment and payment for prescription medications ordered or prescribed by medical providers performing Healthcare Services; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Healthcare Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Healthcare Services”).

You give us consent to send and disclose to the affiliated professional entities and their medical providers all of Your Information so that you may be assessed and possibly receive Healthcare Services. Further, you consent to our delivery of Your Information to EvoLife Wellness affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Healthcare Services.

All medical providers who deliver Healthcare Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with EvoLife Wellness and (ii) solely responsible for such Healthcare Services provided to you. EvoLife Wellness does not provide any Healthcare Services through the Platform and is not licensed to practice medicine EvoLife Wellness does not control or interfere with the provision of Healthcare Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Healthcare Services provided to you. You, therefore, understand and agree that EvoLife Wellness is not responsible for Healthcare Services, or your use of any Healthcare Services provided by a medical provider or affiliated professional entity, including any personal injury or property damage.

By accepting this Agreement, you additionally understand and agree that EvoLife Wellness, PLLC. is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.

Eligibility

In order to use the Services through the Platform, the following must be true:

You are at least 18 years of age or older.
You live in the United States and in a state or territory where the Services are available.
You agree to be legally bound by and comply with these Terms of Use.
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, EvoLife Wellness and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Healthcare Services may, on a case-by-case basis, determine that certain criteria apply to utilizing the Platform for the Healthcare Services or that Healthcare Services are not appropriate in any instance for a particular user. You can obtain more information on the criteria for the Healthcare Services by contracting [email protected]

Availability

The Services are currently available to individuals located in certain states. To see the list of current states, please click contact customer service at [email protected]

Registration, User Accounts, and User Data

Although certain parts of the Platform are accessible by any individual, you are obligated to register with EvoLife Wellness in order to access the Services. The Services are available only to users who have registered with EvoLife Wellness and to other persons affiliated with EvoLife Wellness who have been granted accounts with usernames and passwords. The Platform may not be accessible at any time, for any period, or for any reason, and EvoLife Wellness will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.

Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit, or transmit to EvoLife Wellness user information or data (“User Data”) on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied, or displayed by EvoLife Wellness. EvoLife Wellness may create derivative works of any such data, and EvoLife Wellness may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.

You grant EvoLife Wellness, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of EvoLife Wellness using such data.

VII. Your Responsibilities and Acknowledgment

As a condition of your use of the Services through the Platform, you agree to the following:

All Your Information provided through the Platform is accurate, complete, and correct, and you will accurately maintain and update any of Your Information that you have provided to EvoLife Wellness.
Your permission to use the Platform is personal (the Platform will be used only by you), and your identification information is accurate and truthful. You agree to keep confidential your username and password and that you will exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time.

You agree to immediately notify EvoLife Wellness of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing EvoLife Wellness at [email protected]

You may be asked to provide additional information to EvoLife Wellness, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Healthcare Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Platform or any other related services.

You understand and agree that provision of Healthcare Services through the Platform depends on the completeness and accuracy of Your Information. EvoLife Wellness is unable to verify all of Your Information, therefore, EvoLife Wellness is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained; or EvoLife Wellness has reasonable grounds to suspect as much, EvoLife Wellness has the right to suspend or terminate your account and your use of the Services. In addition, EvoLife Wellness may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Services, and your Secure User account.

VIII. Restrictions on Use

You will not use, or encourage, or permit others to use, our Platform except as expressly permitted in these Terms. You will not:

Use or attempt to use the Platform or the Services for any other person than yourself;
Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
“Jailbreak” your mobile operating system. The Platform is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Platform on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information (PHI) from unauthorized or unintended disclosure. You may compromise your PHI if you use the Platform on a mobile phone that has been modified. Use of the Platform on a mobile phone with a modified operating system is a material breach of these Terms;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Platform or related materials in any way;
Use or access the Platform to create or develop competing products or services or for any other purpose that is to EvoLife Wellness detrimental or puts EvoLife Wellness at a commercial disadvantage;
Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part;
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network;
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by EvoLife Wellness or any of our service providers to protect our Platform;
Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property;
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform;
Use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted in Section ‎‎XIII: Privacy
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to EvoLife Wellness or third-party content from the Platform; or
Encourage or enable any other individual to do any of the foregoing.

Licensing

Subject to your compliance with these Terms, EvoLife Wellness grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by EvoLife Wellness and its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

Disclaimer of Limited Healthcare Services

The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication.

Telehealth Consent

Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks. Please review the full “Telehealth Informed Consent ” which informs you about the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs. In order to receive Health Care Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth.

By using the Services, you agree and acknowledge that EvoLife Wellness is a beneficiary of the Medical Consent and has the right to enforcement.

XII. Payment

When you submit Your Information for Health Care Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error, however, in the filling of your prescription, please message us through your EvoLife Wellness account.

You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by medical providers and affiliated medical professional entities.

You understand that EvoLife Wellness’ affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise; i.e., “out-of-network” providers), and therefore, you understand and agree that you are exclusively and solely responsible for paying all fees due to receive the Healthcare Services provided to you, including any fees charged by the medical providers and affiliated medical professional entities. Amounts collected by EvoLife Wellness will include fees charged by medical providers for Healthcare Services. In the event that your credit card expires or EvoLife Wellness, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. EvoLife Wellness and/or the medical provider(s) have no obligation to provide any Healthcare Services unless and until full payment has been received and/or verified.

You also understand and agree that, because EvoLife Wellness’ medical providers are not contracted with any health insurance plan to provide the Healthcare Services, including federal or state government health care programs, like Medicaid and Medicare, any prescription medication or laboratory service ordered by a EvoLife Wellness medical provider may also not be covered.

XIII. Privacy

EvoLife Wellness understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use, and disclose Your Information in connection with the Platform.

XIV. Intellectual Property

As between EvoLife Wellness and you, EvoLife Wellness is the sole and exclusive owner of all right, title, and interest in and to the Platform and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by EvoLife Wellness or its licensors, including all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.

Certain names, logos, and other materials displayed in and throughout the Platform may constitute trademarks, trade names, services marks or logos (“Trademarks”) of EvoLife Wellness or its affiliates. You are not authorized to use any such Trademarks without the express written permission of EvoLife Wellness or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.

Third-Party Links and Websites

The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third-parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products, or services described therein, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived at the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of EvoLife Wellness. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.

XVI. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE SERVICES ARE PROVIDED THROUGH THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. EvoLife Wellness AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER EvoLife Wellness NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE PLATFORM. FURTHERMORE, EvoLife Wellness DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EvoLife Wellness DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

XVII. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER EvoLife Wellness NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY SERVICES PROVIDED THROUGH THE PLATFORM. THIS IS TRUE EVEN IF EvoLife Wellness OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF EvoLife Wellness AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, THUS THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

XVIII. Indemnification

You agree to indemnify, defend, and hold EvoLife Wellness and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

XIX. Modifications to the Platform

EvoLife Wellness reserves the right at any time and for any reason to modify, temporarily, or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that EvoLife Wellness shall not be liable to you and to any third-party for any modification, suspension, or discontinuance of the Platform.

Suspension and Termination of Rights

The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.

We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.

Subject to applicable law, EvoLife Wellness reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, EvoLife Wellness will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.

XXI. Governing Law; Dispute Resolution; Arbitration

YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US (INCLUDING DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND WE EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

You and we each agree that you and we are further waiving our respective rights to sue or go to court to assert or defend our rights under this User Agreement. You and we each agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision.

Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Optimal Wellness Center, users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your EvoLife Wellness account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to:

Optimal Wellness Center,
ATTN: Compliance
1980 Festival Plaza Dr #300
Las Vegas, NV 89135

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your EvoLife Wellness account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to:

Optimal Wellness Center,
ATTN: Compliance
1980 Festival Plaza Dr #300
Las Vegas, NV 89135

Before arbitration commences, we will send you a Notice of Dispute to the email address you use with your EvoLife Wellness account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.

For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Nevada or a state court located in Clark County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

The laws of the State of Nevada, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Governing Law. The Platform is controlled and operated by Us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. These Terms will be governed by the laws of the State of Delaware without regard to conflicts of law principles.

Arbitration Agreement. You and EvoLife Wellness agree that all claims and disputes relating in any way to your use of our Platform, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Clark County, Nevada.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and EvoLife Wellness will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.

Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND EvoLife Wellness WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and EvoLife Wellness are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. YOU AND EvoLife Wellness AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND EvoLife Wellness AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER EvoLife Wellness USERS.

This Mandatory Arbitration will survive the termination of your relationship with us.

XXII. Copyright Infringement

Optimal Wellness Center, PLLC. reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. EvoLife Wellness otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section ‎XXIII describes the procedure that should be followed to file a notification of alleged copyright infringement with EvoLife Wellness.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address: [email protected]

Any notification to EvoLife Wellness under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Platform;
Information sufficient for EvoLife Wellness to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

XXIII. Miscellaneous

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter herein. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

XXIV. Contact Information

If you have any questions or concerns, please contact [email protected].

Each of the Items below click to the appropriate page

Privacy Policy – CCPA – Notice of Privacy – Practices Important Safety Information – Medical Consent – Bill of Rights – Terms & Conditions

7777 Glades Road, Suite 100, Boca Raton, FL 33434

Telehealth Informed Consent info for hotlink tab

Telehealth Informed Consent

Last Modified: May 1, 2023

OUR PROVIDERS DO NOT ADDRESS MEDICAL EMERGENCIES. DO NOT PROCEED WITH CLINICAL SERVICES USING THE EvoLife Wellness PLATFORM IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 AND/OR GO TO THE NEAREST EMERGENCY ROOM.

IF YOU ARE CONTEMPLATING SUICIDE, CONTACT 911 OR THE NATIONAL SUICIDE PREVENTION LINE BY ONE OF THE FOLLOWING METHODS: DIAL 1-800-273-TALK

DIAL OR TEXT 988

Go to 988Lifeline.org to chat LIVE

I. Introduction

You are reviewing and acknowledging this Telehealth Informed Consent because you are seeking Healthcare Services utilizing telehealth technologies facilitated through the Optimal Wellness Center, PLLC. website, iOS mobile app, web mobile app or other telehealth technologies collectively the “EvoLife Wellness Platform.” This Telehealth Informed Consent does not modify or supersede any Terms of Use, Privacy Policy, or Notice of Privacy Practices of Optimal Wellness Center, PLLC. or the Providers, rather it supplements these terms and documents.

By creating an account, starting a consult, clicking “I consent to telehealth,” checking a related box to signify your acceptance, or using any other acceptance protocol presented through the EvoLife Wellness Platform, you indicate that you have reviewed the risks as described herein of receiving services utilizing telehealth technologies and consent to receiving the services. A record of this Telehealth Informed Consent is maintained in the files and records of the applicable Provider delivering your services, and your on-going participation in services by the Optimal Wellness Center, PLLC. using telehealth technologies serves as an on-going acknowledgement of your acceptance of this Telehealth Informed Consent and updates at such time the representations you provide herein.

II. What is Telehealth?

Telehealth involves the delivery of health and wellness services using electronic communications, information technology, or other means between a licensed, certified, or registered healthcare professional at one location and a patient in another location about a clinical matter. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education. These telehealth services may involve various modalities, including asynchronous interactions, real-time (synchronous) video and audio encounters, and interactive audio with store and forward. This “Telehealth Informed Consent” informs the patient (“patient,” “you,” or “your”) concerning the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs.

III. What are the Possible Benefits of Telehealth?

Benefits of telehealth include being easier and more efficient for you to access health and wellness services. You can obtain health and wellness services at times that are convenient for you without the necessity of an in-office appointment, including follow-up care related to your treatment. If you need follow-up care, please contact us through the Optimal Wellness Center, PLLC. Platform or the Optimal Wellness Center, PLLC. call center at

1-800-(909) 787-2342, Mon – Sun 4:00 am PST – 5:00 p.m PST

IV. What are the Possible Risks of Telehealth?

Information transmitted to your health professional may not be sufficient to allow for appropriate health or wellness services to meet your particular need. Some clinical needs may not be appropriate for a telehealth visit and your Provider will make that determination. The technology necessary to interact with your health professional may fail and delay your services. If a technical failure prevents you from communicating with your Providers, you should call the following number:

Phone: 1-800-(909) 787-2342 Mon – Sun 4:00 am PST – 5:00 pm PST

In rare events, a lack of access to complete medical records, and/or the quality of transmitted data could result in adverse drug interactions, allergic reactions, and/or other clinical judgment errors. You may stop or decline any on-going Healthcare Services provided by Optimal Wellness Center, PLLC. using telehealth technologies at any time, although you acknowledge that applicable fees may apply if a medical consultation has occurred prior to request to cancel services and Optimal Wellness Center, PLLC. has no obligation for your on-going care or selection of separate healthcare services in such circumstances.

I understand that certain diagnostic testing services, including laboratory products and services offered through the Optimal Wellness Center, PLLC. Platform to support the Healthcare Services of Providers, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that I receive from my Provider(s).

THIRD-PARTY LABORATORY PRODUCTS AND SERVICES To facilitate certain Healthcare Services Providers may require that you complete diagnostic test(s). These diagnostic tests are provided by third-party laboratories, and neither Optimal Wellness Center, PLLC., nor your Provider(s) can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.

V. Patient Acknowledgments

By accepting this Telehealth Informed Consent, you acknowledge you understand and consent to the following:

You have reviewed this Telehealth Informed Consent carefully, and understand there are risks, limitations, and benefits of utilizing telehealth.2. You understand that the electronic nature of the telehealth services means that there is a greater risk to the privacy of my health information.3. In some cases, my Provider may be a nurse practitioner or physician assistant and not a physician.4. Persons may be present during the telehealth visit other than my Provider in order to operate the telehealth technologies and/or for language translation assistance, if requested. If another person is present during the telehealth visit, I will be informed of the individual’s presence and his or her role.5. I understand that information I provide as part of any telehealth offering is viewed as accurate, true, and complete.

I understand that in certain instances, and in compliance with applicable law, my Provider may determine that it is appropriate to provide my Healthcare Services asynchronously via store-and-forward technology. In such instances, my Provider and I will communicate electronically through the EvoLife Wellness Platform and not via telephone or video. I agree that if my provider makes that determination, I would like to receive Healthcare Services in this manner.7. I understand that there is no guarantee that I will be given a prescription and that the decision of whether a prescription is appropriate will be made in the professional judgment of my Provider. I understand that while the use of telehealth may provide benefits to me, no such benefits or specific results can be guaranteed and my condition may not improve.8. I understand there is a risk of technical failures during the telehealth encounter beyond the control of Optimal Wellness Center, PLLC. and my Provider(s). I AGREE TO HOLD HARMLESS COLCHIS MEDICAL GROUP AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PREDECESSORS, AND SUCCESSORS, INCLUDING ADONIS HEALTH AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PARENTS, PREDECESSORS, AND SUCCESSORS FOR DELAYS IN EVALUATION OR FOR INFORMATION LOST DUE TO SUCH TECHNICAL FAILURES.9. I understand that certain diagnostic testing services, including laboratory products and services offered through the Optimal Wellness Center, PLLC. Platform to support the Healthcare Services of Providers, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that I receive from my Provider(s).10. I understand the EvoLife Wellness Platform makes available a specific set of services and I may need to seek other resources for my other health needs. There is no guarantee that I will be approved for treatment by a Provider. My Provider reserves the right to deny care for any reason if, in the professional judgment of my Provider, the provision of the services, including when provided via telehealth is not medically or ethically appropriate. I understand that the Providers, and not Optimal Wellness Center, PLLC., are responsible for the quality and appropriateness of the care they render to me and make all decisions regarding clinical care in their independent discretion without the influence of Optimal Wellness Center, PLLC.. I agree to only seek relief against the Provider for any liabilities pertaining to medical or clinical issues arising as a direct result of medical or clinical services accessed through Optimal Wellness Center, PLLC.11. I understand that by using the Optimal Wellness Center, PLLC. Platform I am not always speaking or messaging with my Provider in real-time, and there may be a delay before my messages or information is reviewed. I understand that I must check the Optimal Wellness Center, PLLC. Platform for messages because this is the way that my Provider will communicate important information to me. I understand that if I do not check the Optimal Wellness Center, PLLC. Platform regularly, then my services may be delayed.12. I understand that I have the opportunity to discuss the use of telehealth, including the Healthcare Services, with my Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth. I have the right to withdraw my consent to the use of telehealth in the course of my care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which I am entitled, but I understand that the Providers who provide Healthcare Services via the Optimal Wellness Center, PLLC. Platform do not offer in-person treatment.13. I understand that I have access to my medical record pertaining to the Healthcare Services of Providers utilizing the EvoLife Wellness Platform in accordance with applicable laws and regulations and that my primary care provider, or other treating provider, may obtain copies of my health and wellness information with my consent.
14. I understand that while the Optimal Wellness Center, PLLC. Platform may make available access to pharmacy or diagnostic lab services that are coordinated with the Healthcare Services, I am able to request any pharmacy or lab of my preference.

15. I agree that EvoLife Wellness is a third-party beneficiary of the Telehealth Patient Consent and has the right to enforce it against you.

VI. Additional State-Specific Disclosures

The following disclosures apply to users accessing the Optimal Wellness Center, PLLC. Platform for the purposes of participating in a telehealth visit as required by the states listed below:

Iowa: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://medicalboard.iowa.gov/consumers/filing-complaint.

Kentucky: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://kbml.ky.gov/grievances/Pages/default.aspx.

Maine: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://www.maine.gov/md/complaint/file-complaint.

New York: I have been informed that to get information regarding your rights and how to report professional misconduct, I should visit here: https://www.health.ny.gov/professionals/doctors/conduct.

Oregon: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://www.oregon.gov/omb/investigations/pages/how-to-file-a-complaint.aspx.

Rhode Island: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://health.ri.gov/complaints/.

Texas: I have been informed of the following notice:

NOTICE CONCERNING COMPLAINTS- Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.

AVISO SOBRE LAS QUEJAS- Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us

Vermont: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: http://www.healthvermont.gov/health-professionals-systems/board-medical-practice/file-complaint; or Board of Osteopathic Examiners can be found at: https://sos.vermont.gov/opr/complaints-conduct-discipline/

Wyoming: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: http://wyomedboard.wyo.gov/consumers/file-a-complaint.

Privacy Policy

Privacy Policy

Optimal Wellness Center, PLLC.™

Notice of Privacy Practices

(DBA: EvoLife Wellness™)

Important Safety Information

Medication Information

Medical Weight Management Medications

Phentermine (Active Pharmaceutical Ingredient in Adipex-P®)

Phentermine + Topiramate (Active Pharmaceutical Ingredient in Qsymia®)

Naltrexone + Bupropion (Active Pharmaceutical Ingredient in Contrave®)

Semaglutide (Active Pharmaceutical Ingredient in Wegovy®)

Liraglutide (Active Pharmaceutical Ingredient in Saxenda®)

Tirzepatide (Active Pharmaceutical Ingredient in Mounjaro®)

Hormone Replacement Therapy Medications

Testosterone Cypionate (Active Pharmaceutical Ingredient in Depo® -Testosterone)

Anastrozole (Active Pharmaceutical Ingredient in Arimidex®)

Clomiphene Citrate (Active Pharmaceutical Ingredient in Clomid®)

Insomnia Medications

Hydroxyzine Pamoate (Active Pharmaceutical Ingredient in Vistaril®)

Trazadone (Active Pharmaceutical Ingredient in Oleptro®)

Mirtazapine (Active Pharmaceutical Ingredient in Remeron®)

Zolpidem (Active Pharmaceutical Ingredient in Ambien®)

Miscellaneous Medications

Cyanocobalamin (Vitamin B12)

Medical Consent

Optimal Wellness Center, PLLC.™

Medical Consent

(DBA: EvoLife Wellness™)

HIPAA Consent

Financial Consent

Shipping Authorization

Bill of Rights

501.0575

Weight-Loss Consumer Bill of Rights.

Terms and Conditions

Optimal Wellness Center, PLLC.™

Terms and Conditions

(DBA: EvoLife Wellness™)

I. Introduction

II. What is Telehealth?

III. What are the Possible Benefits of Telehealth?

IV. What are the Possible Risks of Telehealth?

V. Patient Acknowledgments

VI. Additional State-Specific Disclosures