VivoAlert Terms of Service
- Your Acceptance
Welcome to the Terms of Service for the vivoalert.com website and any associated services. This is an agreement (“Agreement”) between Vivo Alert, LLC (“VivoAlert”), the owner and operator of www.vivoalert.com (the “Site”), any VivoAlert services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service. Please be aware that this Agreement contains a CLASS ACTION and ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. Throughout this Agreement, the words “VivoAlert,” “us,” “we,” and “our,” refer to our company, Vivo Alert, LLC and our Site or any Services, as is appropriate in the context of the use of the words.
- Description of Service
Vivo Alert connects users with their loved ones, medical and health professionals, and other parties that may be assisting during an emergency event. VivoAlert provides users with wearable IDs, which may include the VivoAlert keychain, stickers, wallet inserts, bracelets or other wearable identification (hereinafter “Wearable ID”) and phone numbers that Emergency Responders (defined below) may contact in the event that a VivoAlert user becomes incapacitated or unresponsive. When an Emergency Responder submits the unique ID or texts the number printed on the Wearable ID, the party will receive a text message with the user’s personal and health information. Furthermore, VivoAlert will simultaneously send a text message to all of user’s emergency contacts listed within the VivoAlert Service.
- Wearable IDs and Your Personal Health Information
The Wearable ID’s provided by VivoAlert contain a unique ID number that may be texted through a mobile device to receive a user’s personal health information. Please be aware that in the event of an emergency or if a VivoAlert user is unable to respond, professional emergency responders, third party bystanders, unrelated strangers, and any good Samaritans assisting the user (collectively “Emergency Responders”) may have access to the VivoAlert user’s personal health information. You agree to release us from any liability related to the release of your personal and health information in conjunction with the VivoAlert Service. Additionally, you agree to release all Emergency Responders from any and all liability related to their use of your personal and health information through the VivoAlert Service. We are not responsible for any use or abuse of the VivoAlert Service including non-emergency texts of the number listed on your Wearable ID.
VivoAlert and any associated Services are not emergency services, and your medical questions, concerns and requirements should be directed to your physicians or, if there is a medical emergency, to 911 or a local emergency-care facility or the local emergency-service number. If you feel that you are having a medical emergency please contact 911 or your emergency health care first responder immediately. In the event of a medical emergency do not delay care or treatment of your condition for any reason.
All content found on VivoAlert is intended for informational and educational purposes only. The VivoAlert content and Service is not intended to, and does not, constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any VivoAlert content included in or accessible through the Service without seeking the appropriate medical or other professional advice about your particular facts and circumstances.
VivoAlert cannot stress the importance of contacting a medical or health care professional if you believe that you or a loved one is having a health related issue or a medical emergency. Any VivoAlert content is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the VivoAlert website.
- Storage and Release of Information
When using VivoAlert you may be required to disclose personal or health information regarding yourself and your condition. We intend to follow all laws regarding the use and storage of such information. Please be aware that we use industry standard security measures to maintain the security and safety of your information. However, as no information is one-hundred percent secure online you agree to release us from any liability regarding the storage of your information. Additionally, during your use of the Service you agree that your personal and health information may be released to any parties that you have listed within the Service, medical and healthcare professionals, and other parties who text VivoAlert through the unique ID provided on your VivoAlert bracelet. For this reason and as a condition of you using the Service, you agree to release us from any liability with regards to the release of your personal and health information while using VivoAlert.
- Contacting Others
Through the Service, users may be able to share information regarding their health situation with person whose phone numbers you submit to the VivoAlert Service. You expressly authorize us to contact these persons in the event that the Service is activated. Additionally, you represent and warrant that you have received their permission to submit their contact information.
- Signing Up for the VivoAlert Service
You may sign up yourself or a loved one for the VivoAlert Service. If you sign up another individual for the VivoAlert Service, please first receive their permission. Additionally, if you are signing up another individual, you agree that we may contact that person to determine whether that person wishes to use the VivoAlert Service. Once consent has been received, users may then begin using the Service. By signing up a third party to our Service you represent and warrant that you have received their express permission before initiating such a sign-up. Additionally, you agree to indemnify us from any claims related to the sign-up of that third party. Furthermore, if you are an adult signing up your child or a minor for the Service, you represent and warrant that you are the legal guardian of the child or minor and have the legal authority to sign-up the child or minor for the Service.
- Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
- Use of VivoAlert
When using our Service, you are responsible for your use of VivoAlert, and for any use of VivoAlert made using your account. You also agree that your use of VivoAlert is for personal non-commercial use. You agree not to access, copy, or otherwise use VivoAlert, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by VivoAlert. You agree not to use VivoAlert to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Service;
- You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree that you will not hold VivoAlert responsible for your use of our Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to VivoAlert;
- You agree not to interfere with or disrupt the Site or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you solely are responsible for such violations;
- You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but VivoAlert reserves the right to suspend or terminate any account at any time without notice or explanation.
- Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a, personal, non-exclusive, revocable, limited license to use our Service and to access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
- Site and Service Availability
We do not guarantee that the Site or any Services will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.
When using some portions of our Site and Service, you will be required to submit some of your payment information including your credit card information. Please carefully read any details regarding our Services before purchasing. YOU EXPRESSLY AGREE THAT WE MAY CHARGE YOU THE AMOUNT LISTED AT THE VIVOALERT CHECKOUT SCREEN. Please be aware that your payment information will be shared with our third party payment processors who will also secure and store that information.
- Ordering and Shipment of Wearable IDs
When using our Service, it will be necessary for you to choose and order a Wearable ID. We offer a full selection of different Wearable IDs; however, we cannot guarantee that we will have all Wearable ID products in stock when you order your Wearable ID. Please be aware that our wearable IDs may vary in shape and design from the photos or content posted on our Site. Such photos and content are to be used for illustrative purposes only. Once you have ordered a Wearable ID, we will ship your personalized Wearable ID to you. Please allow for regular business shipping (est. 5-10 business days). If you have not received your Wearable ID within that time period, please contact us at firstname.lastname@example.org.
- Cancellation and Refunds
At VivoAlert we want you and your loved ones to be satisfied with our Service. Therefore, you may cancel at any time without penalty. Additionally, in the event of cancellation we will offer you a pro-rated refund for any Services that have been unused at the time of cancellation. If you wish to cancel the Service or have any questions about refunds, please contact us at info@VivoAlert.com.
- User Content
Your ability to submit or transmit any information through the Site and Service, including but not limited to text, information, images or any other information will be referred to as “User Content” throughout this Agreement. We are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content or may delete your User Content at any time. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content and may at our discretion remove, modify, or delete any User Content owned by you that is stored on our Site or Service.
When submitting any User Content to our Site and Service you represent and warrant that you own all rights to the User Content or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant VivoAlert and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and transmit User Content to facilitate the Services provided to you. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.
As between the parties, Client is the owner of all User Content; provided, however, that nothing herein shall prevent VivoAlert from using or disclosing such Client Data as may be required by law, or as otherwise permitted in this Agreement or any other agreements between us. Without limiting the foregoing, VivoAlert may use and disclose protected health information to create de-identified health information. As between the parties, we own any de-identified health information and any data set that aggregates User Content with client data from our other users.
- Representations and Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VIVO ALERT, LLC NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY AND RELIABILITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIVOALERT OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
VIVOALERT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. VIVOALERT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VIVOALERT DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND VIVOALERT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. VIVOALERT DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH VIVOALERT.
- Limitation of Liability
IN NO EVENT SHALL VIVOALERT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. VIVOALERT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR APP IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE ALLOWED, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 USD OR THE TOTAL AMOUNT YOU PAID FOR SERVICES WHICHEVER IS GREATER.
- Class Action Waiver
You and VivoAlert agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree to defend, indemnify and hold harmless Vivo Alert, LLC its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the VivoAlert Site and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claims that your actions while using the Service harmed a third party.
This defense and indemnification obligation will survive this Agreement and your use of the VivoAlert Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
- Age Compliance
VivoAlert and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Service and please do not submit any information to us.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, VivoAlert shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and VivoAlert.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Termination of Your Service
If we determine that any of your actions may harm VivoAlert, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
- Electronic Communications
The communications between you and VivoAlert use electronic means, whether you visit the Site or Service or send VivoAlert e-mails, or whether VivoAlert posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from VivoAlert in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that VivoAlert provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about VivoAlert must be sent to our agent for notice to: info@VivoAlert.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: 9/11/2014