Terms of Service – Professional

Professional User Terms of Service

Date of Last Revision: August 20, 2021

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE.

These Terms of Service (“Terms”) state the requirements of Vivacare, Inc. (“Vivacare”) for the use of its Service and any of the content it makes available through its Service by a registered user (“You”, “Your”, and “User”).

Purpose

Vivacare makes it easy for medical professionals to deliver resources that help their patients and family members understand and manage their health.

Scope and Intent

By registering for the Vivacare Service, or by using the website or mobile applications or other content or information provided by Vivacare as part of our services, you are agreeing to these Terms and entering into a legally binding agreement. If you do not agree to abide by all of the provisions contained in these Terms, do not complete this agreement and do not use or access the Services.

Vivacare (“Vivacare”) may revise and update these Terms of Service at any time. Your continued usage of any Vivacare website or mobile app (“Vivacare Site”, “Site”, or “App”) will mean you accept those changes.

If an authorized third party, such as an administrator in your office, completes the Vivacare registration on your behalf, both you and that third party will be deemed to have accepted these Terms.

If you are using Vivacare on behalf of a medical practice or other legal entity, you are nevertheless individually legally bound by this agreement.

You should carefully read our Privacy Policy before deciding to register for the Vivacare Service. It is included here by reference and governs our treatment of any information, including personally identifiable information that you submit to us.

VIVACARE RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME BY POSTING SUCH MODIFICATIONS ON THIS PAGE. CONTINUED ACCESS OR USE OF ANY OF THE SERVICES FOLLOWING SUCH POSTING SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

The Service is designed for use by medical professionals. Accordingly, Vivacare reserves the right to limit access to the Service to medical professionals who register and meet the qualifications imposed by Vivacare.

Personal Information Collected During Registration

To register, a medical professional must provide Vivacare with certain personal information, including name, profession, email address, postal address, and other contact information. Additional information may be requested by Vivacare if necessary to confirm the identity of the User and his or her qualifications as a medical professional or role in support of a medical professional.

To use the Vivacare Service, you must meet the following criteria and represent and warrant that you are: (1) 18 years of age or older; (2) a licensed healthcare professional in good standing in the state in which you provide care.

Valid Uses of the Vivacare Service

Access Vivacare patient education content. The User is provided a Patient Education Toolkit (“Toolkit”) that displays copyright protected patient education and support resources. The User’s Toolkit is found online at a unique URL on one or more website domains controlled by Vivacare. The Toolkit may also be available on a mobile app controlled by Vivacare. The User may not under any circumstances display, transfer, publish or upload Vivacare patient education content to another server, domain name, or technology platform.
Print Vivacare patient education content. Each User is provided a limited license to print content found within the User’s Toolkit and display that content on a mobile device.
Link to Vivacare patient education content. The User may add links to the Toolkit or display the Toolkit on website(s) and social media accounts that the User owns or controls for the provision of patient care.
Personalize the patient education content with the User’s name or organization name. Some of the content within the User’s Toolkit may display the name of the User or the name of the medical organization with which the User is affiliated. The User must not display an organization name unless that organization explicitly approves the use of its name.
Publish custom patient education content. The User may publish his or her own content, including text documents, photographs, images, and other multimedia content for display in the User’s Toolkit. This may appear online on domains controlled by Vivacare or on the mobile app.
Publish professional information online. The User may publish information about his or her medical training and experience and a Profile photograph to the Toolkit.
Publish practice information online. The User may publish information about the organization in which he or she provides care, such as practice locations and office hours, within the Toolkit.

Vivacare may implement additional features to the Service from time to time.

Use by Residents of the United States of America

Vivacare controls and operates this Service from the United States of America. This Service is intended for use by medical professionals within the United States only. If you are a non-U.S. resident or you practice medicine outside the United States, you may use this service solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any reference to products or services does not imply that Vivacare intends to offer them in your country.

Accurate User Information

The User agrees to provide accurate and current information to Vivacare. The User agrees not to impersonate any person or entity, misrepresent its affiliation with a person or entity or its authority from such person or entity, or misrepresent the origin of any content posted on, or distributed through, the Vivacare Service.

The User may not use the services under the auspices of an organization if he or she is not an authorized representative of that organization.

It is the User’s responsibility to inform Vivacare of any changes to their information by updating the information accessible in the User’s online account (“User Account”) or by contacting customer support at support@vivacare.com.

Operations

The User acknowledges that Vivacare has the right to terminate, suspend, and modify in any manner the features, capabilities, functions and other aspects of the Service at any time in its sole discretion. Vivacare reserves the right to modify or discontinue the Vivacare Service, temporarily or permanently, with or without notice to the User and is not obligated to support or update the Vivacare Service. Vivacare shall not be liable to the User, or any third party, in the event that Vivacare exercises its right to modify or discontinue the Vivacare Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Vivacare Service shall be subject to the Terms of Use described in this document, which may be updated from time to time.

Service Disclaimer

Vivacare cannot guarantee the availability of the Service and reserves the right to change, withdraw, suspend or discontinue the Service, or any function or feature thereof, at any time. Vivacare also has the right to withdraw, suspend, discontinue or restrict access to any functionality or feature of the Service available to the User and to suspend or terminate access by the User or any designated representatives of the User to the Service or any portion, function or feature thereof at any time.

To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by the Vivacare Service you may close your Vivacare account and terminate this agreement in accordance with the Termination section below.

Vivacare will, at its own discretion, determine when to inform the User of changes to the Service, and which changes to communicate. Vivacare may, at its own discretion, institute changes to the Service, including the content displayed in the Toolkit, without the User approving the changes or taking any action.

If Vivacare communicates a change to the Service, it will do so by sending a message to the email addresses of the User.

The Professional User acknowledges that it is his or her responsibility to conduct regular reviews of the Content displayed in the Toolkit to ensure that such Content is accurate and acceptable.

Medical Disclaimer

The contents of the Vivacare Toolkit are for informational purposes only and are not a substitute for the professional judgement of a healthcare professional in diagnosing and treating patients. Persons accessing this information assume full responsibility for the use of the information and agree that Vivacare is not responsible or liable for any claim, loss or damage arising from the information. Vivacare does not recommend or endorse any specific tests, procedures, drugs, opinions or other information that may be included in the Vivacare Toolkit.

License

Subject to the terms and conditions of this Agreement, Vivacare grants the User a non-exclusive, non-transferable, limited license to use the Service and any software made available by Vivacare to the User for using the Service.

Restrictions

The User agrees not to resell or make any commercial use of the Service without the express written consent of Vivacare.

Except as provided above in “Valid Uses of the Vivacare Service”, the User may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Vivacare Service in whole or in part without the express permission of Vivacare.

Requests for such permission should be made to support@vivacare.com.

Any rights not expressly granted herein are reserved. Please be advised that Vivacare enforces its intellectual property rights to the fullest extent of the law.

Medical Professional User Accounts

The Service is managed by the medical Professional User through an account (“User Account”) created and maintained with Vivacare in accordance with this Terms of Service Agreement. A User Account is established by completing the online Registration form located on websites controlled by Vivacare, including but not limited to vivacare.com and informationrx.com.

Upon registering, the User may provide others with capabilities (“Administrative Privileges”) that enable them to make changes to the User Account on behalf of the User, including but not limited to the ability to assign similar administrative privileges to others. The User and those with appropriate Administrative Privileges may delete the User’s account at any time.

The User is responsible for ensuring that all others who are given Administrative Privileges accept and comply with these Terms and manage the User Account in a manner consistent with the User’s wishes.

All modifications made to the User Account are the responsibility of the User and those assigned Administrative Privileges of that User Account.

The provision of the Service by Vivacare does not constitute or imply any endorsement or approval by Vivacare of the User, his or her medical organization, or any of its employees or their qualifications, or of any of the information or other Content provided by the User.

Account Security

Users of the Vivacare service agree to maintain the security of their User Accounts.

The User shall not provide any false personal information to Vivacare, or create an account for anyone else without that person’s authorization.
The User shall not create more than one User Account for any person.
The User shall not share their login credentials with anyone. All Vivacare users within an organization must have their own User account.
If Vivacare disables the User’s Account, that individual will not create another User Account without Vivacare’s authorization.
The User will keep contact information accurate and up-to-date.
If the User assigns a name, URL or other identifier for the Toolkit, Vivacare reserves the right to remove or reclaim the name if it believes it is appropriate (such as when a trademark owner complains about the name being displayed on the Toolkit that does not closely relate to a User’s actual name or the User does not have explicit permission to use an organization’s name).

User Responsibilities

The User agrees not to post, upload, email, transmit, distribute or otherwise publish or permit on or through the Service any of the following:

Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, abusive, threatening, harmful, negligent, invasive of privacy or publicity rights, inflammatory, fraudulent, or misleading or that impersonates any person or entity or otherwise misrepresents the status or affiliation of the individual with any other person or entity;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting, or permitting the posting of, any content on or through the Service, the User represents and warrants that he or she has the lawful right to distribute and reproduce such Content;
Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Malware, corrupted data or other harmful, disruptive or destructive files;
Unsolicited promotions, advertising or solicitations for funds, goods or services;
Content that, in the sole judgment of Vivacare, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which exposes Vivacare or its employees, site partners, contributors or other Users of the Service to any harm or liability of any type.

Any use of the Service in violation of the foregoing is in violation of this Agreement and may result in, among other things, the termination of the User Account and access to the Service.

Proprietary Rights

All of the trademarks, service marks and logos displayed through the Service or on websites controlled by Vivacare are registered trademarks of Vivacare, its affiliates or subsidiaries, or third parties who have licensed their trademarks to Vivacare or one of its affiliates or subsidiaries.

In addition, all Content, including but not limited to text, software, music, sound, photographs, videos, graphics or other material distributed through the Vivacare service or displayed on websites controlled by Vivacare is protected by copyright, patents or other proprietary agreements and laws and the User is permitted to use the Content only as expressly authorized by Vivacare, its affiliates or its licensors.

Nothing contained herein transfers any right, title, or interest in the Vivacare Service, Content or Websites to the User, his or her medical organization, or others within the User’s organization.

Optional Service Fees

Vivacare may make additional optional services available that require payment of a fee. These additional services may be made available as a feature enhancement of the User’s Toolkit and/or the User’s Vivacare Account.

These optional services may include, but are not limited to, additional patient education content licensed from medical publishers, alternative means of distributing patient education content to individuals and functions to support practice operations.

It is at the discretion of the User whether to make use of these optional services and to pay the required fee. If you purchase any service that we offer on a subscription basis, you agree to Vivacare storing your payment card information. You also agree to pay the applicable fees for the service (including, without limitation, periodic fees for premium accounts if applicable) as they become due plus all related taxes and to reimburse Vivacare for all collection costs and interest for any overdue amounts.

Use of these additional services may require that the User accept a Terms of Use that is separate and distinct from these Terms. The acceptance of other Terms of Use regarding other services does not in any way alter the User’s agreement to abide by all the provisions contained in these Terms.

Submitting Media to Vivacare

Vivacare Professional Users may use the Vivacare Service to publish content to websites controlled by Vivacare. You must agree to the following conditions regarding the provision (uploading) of such content:

You must have the rights to the content prior to uploading it. You agree to only post or upload media, such as text that has been authored by you or photographs that have been taken by you, for which you have all rights to post, to transmit and license, and which do not violate copyright, trademark, privacy or other rights of any other person.
By uploading any content to the Vivacare service, you are representing and warranting that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms. You agree not to post photographs of someone else, or photographs that include someone else, unless you have that person’s explicit authorization.
By uploading content to the Vivacare Service, you grant Vivacare the right to display the content you have uploaded. By uploading any media, such as a photo: (a) you grant to Vivacare a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Vivacare to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Vivacare and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this document.
You understand that Vivacare can review and reject any content submission. Vivacare reserves the right to review all media or any other submission prior to or after submission to any of its websites and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.

Monitoring of Content by Vivacare

The User acknowledges that while Vivacare has no obligation to screen or monitor any of the Content delivered through the Service, including but not limited to Vivacare content displayed within the Toolkit, Vivacare reserves the right to monitor any and all content submitted to the Service. Submitting inappropriate content shall be grounds for termination.

Vivacare does not exercise editorial control over any such Content and Vivacare shall have no responsibility or liability of any kind in connection with such Content or for any mistakes, omissions, defamation, slander, libel, falsehoods, obscenity, pornography or profanity contained therein or that may be encountered by the User while using the Service.

Copyright Infringement: Notice and Takedown Procedures

If you believe any materials accessible on or from the Vivacare Site infringe on your copyright, you may request removal of those materials from the Vivacare Service by contacting Vivacare’s Legal department (support@vivacare.com) and providing the following information:

Identification of the copyrighted material you believe to be infringed (URL or other location description)
A copyright certificate or other proof that establishes the date the copyright material was created
Your name and telephone number

Privacy Policy

Please see our Privacy Policy (https://vivacare.com/home/privacy) for a detailed description of our information gathering and dissemination practices.

This policy shall apply to any use of Vivacare Services by the User and any visitors to websites controlled by Vivacare.

The User agrees that all use of any information obtained through any use of the Service shall comply with the Vivacare Privacy Policy and all applicable laws and regulations applicable to such information.

Disclaimer of Warranties

THE USER EXPRESSLY AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT USE OF THE SERVICE (AND ANY INFORMATION CONTAINED THEREIN) IS AT THE USER’S SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VIVACARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, VIVACARE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NOR DOES VIVACARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, SUITABILITY, USEFULNESS OR RELIABILITY OF THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE. THE USER MUST USE HIS OR HER DISCRETION AND INDEPENDENT JUDGEMENT WHILE VIEWING OR USING THE SERVICE. USER AGREES THAT VIVACARE IS NOT LIABLE TO USER, OR ANYONE ELSE FOR ANY DIAGNOSIS, TREATMENT OR DECISION MADE OR FOR ANY ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED THROUGH THE SERVICE. VIVACARE ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE, OR TIMELY DELIVER, EMAIL OR OTHER MESSAGES.

VIVACARE CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USER AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADING. VIVACARE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability

VIVACARE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS), REGARDLESS OF THE FORM OF ACTION, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE (OR ANY INFORMATION CONTAINED THEREIN). WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL VIVACARE’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT, IF ANY, ACTUALLY RECEIVED BY VIVACARE FROM THE USER FOR THE USE OF THE SERVICE.

Indemnification

You agree to defend, indemnify and hold harmless Vivacare and its directors, affiliates, officers, employees, agents, licensors, suppliers, and any professional associations that may offer, promote or suggest the Service, from and against any claim, demand, liability, losses, expenses and costs (including, but not limited to, reasonable attorneys’ fees) arising out of (a) the use of the Service by the User and the User’s patients, (b) any Content posted on or through the Service, (c) any activity related to the Account (d) the violation or breach of this Agreement by the User, (e) the infringement by the User’s computer or account, of any proprietary or intellectual property right of any third party, (f) the disclosure or handling of any information obtained by the User on or through the Service, or (g) any dispute regarding the right to establish, modify, access or control the User’s portion of the Service.

Termination

Without limiting any of its available rights or remedies, and not withstanding anything herein to the contrary, Vivacare may, but is not obligated to, terminate, restrict or suspend any User Account for any reason.

Vivacare may terminate the Service with or without cause at any time and effective immediately by notice to the User, at the email address associated with the User’s Account. Vivacare shall not be liable to the User or any third party for termination of the Service.

Vivacare may, in appropriate circumstances and at its discretion, terminate the Account of any User who infringes the intellectual property rights of others.

Should the User object to any terms and conditions of this Agreement, or to any subsequent modifications hereto, or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate the User Account; and (3) notify Vivacare of termination.

If either party discontinues the Service, Vivacare retains the right to maintain data associated with the User.

Notice

Except as otherwise provided herein, all notices to either party shall be made in writing by conventional certified mail, postage prepaid and return receipt requested or by email. The User may give notice to Vivacare at any time via electronic mail to support@vivacare.com or by certified mail or overnight courier to the following address:

Vivacare

Attn: Professional Account

910 SW 18th Ave., Portland, OR 97205

General

This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the state of California. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a court of competent jurisdiction sitting in Alameda County, California, and each party irrevocably submits to the jurisdiction and venue of such courts.

Vivacare’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right hereunder.

No right under this Agreement may be assigned, and no duty under this Agreement may be delegated by either party, except with the prior written consent of the other party. However, Vivacare shall be entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

If any provision(s) of these Terms of Service is found to be invalid by any court having competent jurisdiction to be contrary to law or to be otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect, and the remaining provisions of this Agreement will remain in full force and effect.

The User agrees that any claim or cause of action arising out of or related to the Service or this Agreement must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action shall be permanently barred.

Complete Agreement

Except as expressly provided in a particular “Legal Notice” on the Vivacare Site, these Terms of Service and the Vivacare Privacy Policy constitute the entire agreement between you and Vivacare with respect to the use of the Vivacare Site and Content.

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:

Vivacare
Attn: Legal
910 SW 18th Ave., Portland, OR 97205