1. Acceptance of Terms
By accessing or using the website https://helloevergreen.com, online content, platform, any affiliated portals, or telehealth services ("Site") facilitated through Evergreen Telehealth ("Company," "we," "our," or "us"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree with these Terms, you must immediately discontinue use of our Site and services.
These Terms govern your use of:
- Company's Site
- Any telehealth services facilitated through our partner, NVP Medical Group, P.A., and its affiliates ("NVP Medical Group")
- Any communications, digital marketing, scheduling, or e-commerce tools used by Evergreen Telehealth
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS AND DOES NOT REPLACE CONSULTATION WITH YOUR PRIMARY CARE PHYSICIAN
2. Relationship With NVP Medical Group / Pharmacies & Open Payment Notice
Evergreen Telehealth is a trade name of ConsultRX LLC, which provides administrative and technology services only and does not practice medicine. Company partners with third-party NVP Medical Group, a professional corporation, that provides licensed professional medical and related healthcare services through duly licensed healthcare professionals. All medical consultations, diagnostics, and prescription decisions are performed by NVP Medical Group's licensed healthcare providers and must occur with a medical provider licensed in your state of residence. Company does not direct, control, or influence the practice of medicine by NVP Medical Group. By using the telehealth services, you acknowledge and agree that:
- The patient-provider relationship is formed solely with NVP Medical Group providers, not with Company.
- Clinical services are provided under NVP Medical Group's independent medical judgment.
- You are subject to NVP Medical Group's Terms & Conditions and Privacy Notice and Telehealth Treatment Consent.
Company also provides access to prescription fulfillment services offered by several licensed pharmacies ("Pharmacies") along with laboratory or other service providers/vendors. Such products available through the Site require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with an NVP Medical Group medical provider and the medical provider has determined the prescription product is appropriate for you and has written a prescription.
If the medical provider determines a prescription product is appropriate for you and writes you a prescription, you may fill it through one of the Pharmacies by using the Site, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Site or by contacting Company. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
Company makes no representations or warranties regarding the suitability, reliability, timeliness, or accuracy of the medical care and treatment provided by NVP Medical Group or the services provided by the Pharmacies, laboratories, or other service providers/vendors. Evergreen Telehealth and/or certain of its shareholders, directors, officers, employees, contractors, or agents may have a financial interest in one or more Third Parties (as defined below) and may profit from your use of the Third Parties.
Open Payments Notice. For informational purposes only, a link to the federal Centers for Medicare & Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.
The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals.
You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/.
3. Third-Party Beneficiaries
NVP Medical Group, the Pharmacies, and the laboratories and other service providers/vendors are intended third-party beneficiary ("Third Parties") of these Terms, with respect to all provisions that reference, limit, or otherwise pertain to NVP Medical Group, the clinical services its licensed providers deliver, or the Pharmacies including but not limited to the indemnification, disclaimer, limitation of liability, and dispute resolution provisions of these Terms. NVP Medical Group shall have the right to directly enforce such provisions against you as if it were a party to these Terms. Except as expressly stated in this Section 3, no other person or entity is an intended third-party beneficiary of these Terms nor has the right to enforce any rights or benefits established under these Terms.
4. HIPAA Status & Account Creation
Company provides administrative, scheduling, and technology-platform services and is not itself a healthcare provider. When you set up an account with Company, you are creating a direct customer relationship with Company that enables you to access and/or utilize the various functions of the Site as a user. As part of that relationship, you provide information to Company, including but not limited to your name, email address, shipping address, and phone number ("Site Data"). You may also provide certain medical information that may be protected under applicable state laws. Company is not a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), therefore, HIPAA does not apply to the personal information that you provide to us.
Pre-Assessment Data Integration Upon Account Creation
When you access Evergreen Telehealth before creating an account, you may answer medical and health-related questions as part of your pre-assessment ("Pre-Assessment Data"). This Pre-Assessment Data is not linked to your identity or retained in our electronic medical record system without user accepted account creation.
Upon acceptance of these Terms & Conditions and your account creation, you affirmatively authorize Evergreen Telehealth to:
- Import and integrate your Pre-Assessment Data into your secure medical record within our electronic medical record system;
- Use your Pre-Assessment Data as the initial data collection for your medical consultation with an NVP Medical Group provider;
- Maintain continuity of your health information and avoid redundant data collection for an improved user experience; and
- Ensure clinical accuracy in your medical assessment and any recommended treatment.
By clicking "Create Account" and accepting these Terms, you acknowledge that you have read this section and affirmatively consent to the integration of your Pre-Assessment Data into your medical record, unless you have requested deletion.
5. Privacy Policy & Data Usage
Your privacy is important to us. Please review our Privacy Policy at https://helloevergreen.com/privacy-policy
By using our Site, you consent to the Privacy Policy as linked above. This Privacy Policy describes how we collect, use, and protect Site Data, including:
- Information submitted via contact forms, scheduling tools, or email marketing platforms
- Data collected via cookies, analytics tools (Google Analytics, Meta Pixel, GTM, HubSpot), and third-party integrations including browsing behavior and marketing preferences (see also Section 6 (Cookies & Tracking Technologies) of these Terms)
- Information shared with telehealth or service partners to provide care and communication
By using this Site, you consent to the collection and use of your information as described in our Privacy Policy.
6. Cookies & Tracking Technologies
As detailed in the Privacy Policy, our Site uses cookies, tracking pixels, and analytics tools provided by Google, Meta, HubSpot, and other partners to enhance user experience, personalize advertising, and measure performance. You can control cookie preferences through your browser settings or by using consent banners provided on our Site. Use of our Site constitutes consent to these technologies under applicable privacy and advertising laws.
7. Use of the Site
You agree to use our Site only for lawful purposes. You must not:
- Attempt to gain unauthorized access to the Site or related systems
- Use the Site to transmit viruses, malware, or harmful code
- Engage in fraudulent, misleading, or abusive behavior
- Misrepresent your identity or provide false medical information
- Reverse engineer, disassemble, or decompile any section or technology on the Site
We reserve the right to terminate or restrict access for any user who violates these Terms.
8. Eligibility Representation
Company's services are intended solely for individuals who are at least eighteen (18) years of age. We do not provide, and will not knowingly provide, access to consultations, prescriptions, or any other telehealth services to individuals under the age of eighteen (18), regardless of parental or guardian consent and regardless of the age of majority in your state of residence. Company's services are available only to U.S. residents and users must have a valid U.S. mailing address for medication delivery.
By accessing or using the Site or services, you represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding agreement, and are a U.S. resident. You may not use the Site or services on behalf of, or to obtain care for, any individual under the age of eighteen (18) or non-U.S. residents.
Company reserves the right to request proof of age or identity at any time and to immediately terminate access and cancel any pending order or Membership (see Section 20 (Subscription & Membership Terms) of these Terms) if it has reason to believe a user is under eighteen (18) or has misrepresented their age. Company also reserves the right to request proof of U.S. residency at any time and to immediately terminate access and cancel any pending order or Membership if it has reason to believe a user is not a U.S. resident.
9. Telehealth Services
By engaging in telehealth services through Company and NVP Medical Group, you acknowledge that:
- Medical consultations are conducted solely by licensed healthcare providers through NVP Medical Group.
- You are responsible for providing accurate, complete information.
- Telehealth is not appropriate for emergencies or for all medical conditions or concerns. If you believe you have a medical emergency, call 911 immediately or go to your nearest emergency department.
- NVP Medical Group providers may decline treatment or prescriptions at their discretion.
10. Cash-Pay Services
Services offered through Company and NVP Medical Group are self-pay ("cash-pay") services. Company and NVP Medical Group do not bill, submit claims to, or participate as providers in Medicare, Medicaid, TRICARE, or any other federal or state government health benefit program, and do not bill private insurance plans on your behalf. You are solely responsible for full payment of all fees at the time of service. You may be able to submit an itemized receipt to your health savings/flexible spending account administrator for possible reimbursement, but Company makes no representation as to whether any service will be reimbursed. Nothing in these Terms should be construed as a guarantee of reimbursement eligibility.
11. Communications Consent (TCPA & Email Marketing)
By submitting your contact information to Company or NVP Medical Group, you consent to receive communications via:
- Email, phone, or SMS related to your care, scheduling, or follow-up
- Marketing and promotional messages from Evergreen Telehealth
Standard carrier rates may apply. You may opt out of marketing communications at any time by replying "STOP" to a text message or unsubscribing from email communications.
12. Intellectual Property
All content on this Site, including text, graphics, logos, icons, images, videos, and software, is the property of Company or its licensors and is protected under U.S. copyright and trademark laws.
You may not copy, reproduce, distribute, or use any content from our Site without prior written consent.
13. Third-Party Links & Services
Our Site may contain links to third-party websites, including Third Parties. Company is not responsible for the content, privacy practices, or terms of any third-party site. Accessing such sites is at your own risk.
14. Disclaimers & Limitation of Liability
THE SITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY ACCESS TO OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE. COMPANY DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR MALPRACTICE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM THE INDEPENDENT MEDICAL JUDGMENT OR PROFESSIONAL NEGLIGENCE OF NVP MEDICAL GROUP'S LICENSED HEALTHCARE PROVIDERS, WHICH IS GOVERNED BY NVP MEDICAL GROUP'S OWN TERMS AND APPLICABLE HEALTHCARE LIABILITY LAW, NOR DOES IT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWO HUNDRED FIFTY DOLLARS ($250.00).
15. Indemnification
You agree to indemnify, defend, and hold harmless Company, its affiliates, and partners (including NVP Medical Group and Pharmacies) from any suits, actions, claims, proceedings, damages, settlements, judgements, injuries, liabilities, obligations, losses, risks, costs, and/or expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising out of your use of the Site, telehealth services, or violation of these Terms. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
16. Modifications to These Terms
We may update these Terms at any time. Updates will be posted on this page with a new effective date.
Your continued use of the Site after such updates constitutes acceptance of the modified Terms.
17. Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Agreement to Arbitrate. Except as set forth below, you and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the services (excluding claims for injunctive relief related to intellectual property, and excluding any medical malpractice or professional negligence claim against NVP Medical Group's licensed providers, which is not subject to this arbitration provision and is governed by separate terms) shall be resolved by binding, individual arbitration rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.
(b) Venue and Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, and shall be conducted in New Castle County, Delaware, or another mutually agreed location, or, at your election, by telephone or videoconference. The arbitrator's decision shall be final and binding, subject only to limited judicial review as provided under the Federal Arbitration Act.
(c) Class Action and Jury Trial Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You and Company each waive any right to a jury trial.
(d) Opt-Out. You may opt out of this arbitration provision by sending written notice to Company at the address in Section 24 (Contact Information) of these Terms, postmarked no later than thirty (30) days after the date you first agreed to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration provision. If you opt out, all other parts of these Terms will continue to apply, and disputes will be resolved as described in Section 18 (Governing Law) of these Terms.
(e) Claims Limitation Period. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or services, or these Terms, must be filed (or, if subject to arbitration, a demand for arbitration must be submitted) within one (1) year after the claim or cause of action arose, or it will be permanently barred, to the extent permitted by applicable law.
18. Governing Law
These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved consistent with Section 17 (Binding Arbitration & Class Action Waiver) of these Terms.
19. Payments
All fees for consultations, medications, and related services are due at the time of service unless otherwise stated at checkout. Prices are subject to change without notice.
20. Subscription & Membership Terms
Certain services may be offered on a recurring subscription or membership basis ("Subscription") through NVP Medical Group and its agent Evergreen Telehealth. By enrolling in a Subscription, you authorize Company to automatically charge your payment method on file on a recurring basis according to the billing cycle disclosed at checkout (e.g., monthly, bi-annually, annually), until you cancel in accordance with this Section 20.
- Billing Cycle. Your Subscription will automatically renew at the end of each billing period and your payment method will be charged the then-current Subscription fee unless you cancel before the renewal date.
- What's Included. The total price displayed at checkout represents the bundled Subscription fee and reflects all components included in that price (which may include, as applicable, provider consultation fees, care coordination, and/or a specified quantity or dosage of medication for the billing period). Any items not expressly listed as included, including but not limited to lab work not listed as a component of the subscription plan and new add-on medications, are billed separately to you. The specific inclusions for your Subscription tier will be disclosed at checkout and/or in your order confirmation.
- Cancellation. You may cancel your medication plan at any time through your account settings or by requesting through our AI agent, Evie. Cancelling your plan stops it from automatically renewing at the end of your current plan term; it does not shorten your current term. Fees already paid for your current plan term are non-refundable, and you will continue to receive your medication refills through the end of the term you have paid for, after which your plan will end and you will not be charged again. To avoid being charged for your next renewal, your cancellation request must be received at least seven (7) days before your renewal date. Because your medication refill is prescribed, processed, and dispensed approximately seven (7) days before each renewal date, and dispensed medication cannot be returned or reused under applicable pharmacy regulations, if your cancellation is received fewer than seven (7) days before your renewal date, your plan will not renew, but you will be charged the non-refundable cost of the medication refill that has already been dispensed for shipment to you. Your renewal date is always visible in your account settings.
- Price Changes. We may change Membership pricing prospectively upon fifteen (15) days' notice; continued use of the Membership after a price change takes effect constitutes acceptance of the new price.
21. Refunds
Except as expressly described in our Refund Policy, available at https://helloevergreen.com/refund-policy, all payments for consultations and medications are final and non-refundable. Please review our Refund Policy for the limited circumstances under which a refund may be issued, including situations where you are medically unable to continue a prescribed medication or where we are unable to fulfill or ship your medication.
22. Termination & Survival
Termination. Company may suspend or terminate your access to the Site or services at any time, with or without notice, for any reason, including but not limited to a violation of Section 7 (Use of the Site) of these Terms, suspected fraud, non-payment, or a determination by NVP Medical Group's providers that continued treatment is not clinically appropriate. You may terminate your use of the Site and any Membership at any time in accordance with Section 20 (Subscription & Membership Terms) of these Terms.
Termination does not relieve you of any payment obligations incurred prior to the termination date. Upon termination, your right to access the Site and services will immediately cease.
Survival. The following sections shall survive any termination of these Terms or of your use of the Site or services: Section 3 (Third-Party Beneficiary), Section 4 (HIPAA Status and Protected Health Information), Section 12 (Intellectual Property), Section 10 (Cash-Pay Services), Section 14 (Disclaimers & Limitation of Liability), Section 15 (Indemnification), Section 17 (Binding Arbitration and Class Action Waiver), Section 18 (Governing Law), Section 21 (Refunds), this Section 22 (Termination), and Section 23 (Entire Agreement, Assignment, and Severability). All other obligations that by their nature are intended to survive termination shall also survive.
23. Entire Agreement, Assignment, & Severability
Entire Agreement. These Terms, together with our Privacy Policy and Refund Policy referenced herein, and NVP Medical Group's own Terms & Conditions and Privacy Notice as applicable to clinical services, constitute the entire agreement between you and Company regarding your use of the Site and services, and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.
Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions of these Terms shall remain in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
24. Contact Information
For any questions about these Terms & Conditions, please contact our AI agent, Evie, or:
ConsultRX LLC dba Evergreen Telehealth
9777 Pyramid Ct, Ste 230
Englewood, CO 80112